Thursday, September 20, 2012

DISSING JERSEY PROFESSIONS...






BRINGING THE PROFESSION INTO DISREPUTE


A professional person has been struck off a professional register for “bringing the profession into disrepute” – but just what does this mean?

One might think that this matter is somehow related to the £1.2 Millions of laundered drugs money that was brought back to Jersey this week by the Americans.  That “reward” has been much trumpeted by the Crown Officers through the JEP but appears to be money that should never have been admitted to Jersey in the first place (back in 2004).

What would you do with it if you had this £1.2 million was BBC Radio gaga’s theme for a more or less mindless hour of “phone-in” chat. But what have we really learned about the many £millions of illegal loot that have obviously been moving around the world from one haven to another for decades on behalf of an “unnamed Colombian cartel”?

The relevant Jersey branch of BBVA (the Banco Bilbao Vizcaya Argentaria) “used to be based in Mulcaster Street but have not had a presence in Jersey for several years.”
Was it one of our famous “Top 100” of international banks that can do no wrong – did it go bust  in the world banking crisis – if so what happened to the staff and any assets or debts? Shall depositors be making any claims on the Jersey Treasury for lost savings….

More importantly in this context, might any professionals such as bankers, accountants or lawyers be “struck off” as a result of this latest grubby activity? Who should initiate any enquiries about the professional ethics of those involved – perhaps the JFSC? Or shall it fall to some professional body in Bilbao, Panama, Timbuktu, or London?

On the evidence of the famous BBC Panorama covert camera investigation at Lloyds Bank in Jersey a few years ago – nothing will happen. No further action will be taken here in Jersey – at least not in public.

According to ethical standards that are supposed to apply, “A finding of bringing the profession into disrepute signifies that the practitioner has acted in such an infamous or disgraceful way that the public’s trust in the profession might reasonably be undermined, or might reasonably be undermined if they were accurately informed about all the circumstances of the case.”

Well, of course the public in Jersey is never going to be accurately informed about such matters because there is simply no source of accurate information.
In some places the media, or at least the specialist press, would dig out the details but there is no such investigative journalism here. And of course, the whole “profession” of journalism has been under-going its own ethical trauma this year in London and elsewhere.

George Bernard Shaw had it right – “All Professions are a conspiracy against the laity”- but what if the profession has no “reputation” that might be harmed?

Presumably somebody respects Jersey lawyers, bankers, accountants, architects, engineers, doctors, vets and even estate agents – but how an earth might the  “whole profession” be brought into disrepute by the actions of just one renegade practitioner?
Is this, in fact, the kernel of Shaw’s conspiracy theory – that the whole thing is built upon a myth?
Is the notion of “professional reputation” just a lie?

Ironically, the professionals are supposed to set higher standards for their own conduct. In other words, what is NOT considered to be disgraceful to an ordinary person may be considered to be disgraceful to a professional person.

Tough luck on society then if “professional reputation” actually means nothing!

And there’s the rub. Since all professions are rewarded with extra powers of self-regulation and stewardship of training standards and qualifications etc., because they are supposed to police themselves on OUR behalf.

In Jersey, our 250 or so local lawyers have extraordinary powers of self regulation and self protection. Unlike other professionals, complaints cannot be taken to an outside (UK) tribunal for adjudication and much of local proceedings take place in private.

In this most recent example, a children’s nurse was struck off by the NMC – the UK Nursing and Midwifery Council – which declared that this was the only way to protect the public. She had been working for the Jersey Health Department in 2009 when the relevant incident arose and the decision that she should be struck off was made on 18 September this year.

That there are unresolved issues with regard to several other disciplinary and suspension matters in Jersey is beyond the scope of this posting.
But that there have been several high level disputes in recent years does raise questions about the competence of any locally constituted tribunals to deal with these matters.

P.S. So far no Jersey lawyer has volunteered to be interviewed in response to my earlier video blog with Alan Collins, the UK solicitor advocate, who is acting for 50 plus people under the Jersey Abuse Compensation Scheme.


Monday, September 17, 2012

The Jersey Medium Term Financial Plan - A suitable case for treatment



This won’t hurt – just a little pryke….


Unfortunately – it always hurts, in-spite of all the promises - and these are currently pouring out of our Ministers’ mouths like super cream milk from a prize Jersey’s udder as the Medium Term Financial Plan (MTFP) feeds the other end of the beast…

Old farming references are never far away in Jersey politics and many of today’s Scrutiny participants (on the “taxpayers’ behalf “as they kept reminding us) had led the cows in for milking in a previous life. So it sort of comes as second nature to milk the public I suppose but the reality of life in this little Island seems to belong to another age so far as most of our elected politicians are concerned.

After all, in the lifetime of many there used to be over 1,100 dairy herds in Jersey whereas there are now just 26…and in the same period the human population has risen from 50,000 to 100,000 and human births are now a buoyant 1,000 per annum (in spite of a maternity theatre that is already not fit for purpose)…

Eleven elected reps in total were sitting at the top table for the two hearings today and only one was a Constable (an Assistant Minister in two Departments). Two of the eight Deputies came from single-seat Parishes and one Deputy sat in on both hearings and one is a Minister with another an Assistant Minister. One of the two Senators is a Minister – the other chaired one Scrutiny panel.
This information is given here as part of my Electoral Commission democracy in action audit service…

Since cows no longer have names – I have not named our elected reps here but hope that their anonymity is useful. After all, it is rather akin to being a member of the anonymous and voiceless public who attend or don’t attend on these occasions. Not in reality – just “akin” of course.
They don’t refer to us by name – at best we are “taxpayers” or the “aging population” or “immigrants” or some other troublesome group. Whatever we are – we seem to be a great burden which our elected reps could do much better without.

Pity we cannot be culled like dairy herds…

Today, one Deputy with a “farming background” (FB) started to question the Deputy with the Ministerial status (another FB) about adaptations of homes so as to be suitable for “care in the community.” The questions seemed to be getting somewhere but missed the point that most residents of Jersey live in rented accommodation – much of appalling inadequacy and totally unsuitable for caring for anybody even if their landlords agreed to any adaptations…
That there are 10,000 working adults in Jersey (many with offspring) who do not even have housing quals just does not seem to get into our reps heads. How on earth shall “they” be adequately cared for if the new style hospital system (cost about £400 Millions in ten years time at today’s rates but fuller details can be made available to Scrutiny at a “private” meeting according to the Minister) requires “them” to heal “at home” from surgery or serious illness…and shall they be required to pay for “home nursing” on a “user pays” basis…

That question was alluded to but not really answered (and nobody even asked about the 20,000 with quals who don’t live in Jersey – how might these affect the “projected figures” if a substantial number return to Jersey as problematical “pensioners”…) but the Deputy (FB) did wonder why £5 to £8 Millions will be spent every year on up-grading and maintaining existing facilities until the super new hospital is complete…especially if past population growth of 1,000 per annum continues in future years…

The Minister (FB) responded to the housing/population line of questions with the comment that future demand “is based upon current usage” and that some residents wanted to downsize from their 6 bedrooms granite farmhouses or something equally absurd…just how far removed from reality is it possible to get in a 9 x 5 Island…

Besides which, the actual cost of providing the proposed new “care in the community” system – even if all the extra trained staff could be harvested from the UK or “grown locally”- was still not at the “final business plan” stage. There are a great many works in progress it seems and so many boundaries yet to be determined…which KPMG will no doubt be pleased to do for a fee…

If the FBs are running the Health service… it is reassuring to know that the Treasury is also run by an FB turned cattle feed speculator. That particular venture was supposedly not a great financial success but should not be taken as a barrier to planning the Island’s economy for the next decade…and the scheme to raise bonds on Jersey’s public property portfolio has already (and unfairly) attracted a view of Jersey’s impending financial doom on one UK specialist blog-site…
Although the presence of the Scrutiny chair in the same room visibly and audibly induces a very high degree of mutual irritation between them both, the Minister’s word-count remains the highest recorded since records began…but as for content and credibility…

Well, of course, the one big question is as always – where the “Phlip” is all the money coming from - and the Minister certainly has dreamed up another cunning plan…Or as my granny used to say, money is like manure, it's only useful if spread around a bit...
Apparently people in the Middle East, Asia and somewhere else are just gagging to give us their money and although 20/20 (whatever that is) ends next year, fulfilment is seeking new directions, tourism is down, GST yields and growth  are diminishing and CSR did not achieve the savings anticipated (besides which our rugger team has not yet won a match) and we have no idea how to fund the new health plan and hospital, road repairs or liquid waste treatment plant – but we do have a plan to deal with tax-avoidance and the failed “deemed distribution” policy that the EU ruled as not acceptable.
Details cannot be revealed before the budget (in spite of the need to tell States Members in time for the debate on the MTFP) of course but in broad terms it kills 2 birds with one stone…as a sort of anti-tax avoidance measure that encourages investors to pay more tax as a device to reduce their tax contribution…it still needs some fine tuning but we have every confidence of success…

And finally, following the closure of our London Jersey Finance Office we are to open a new one in the name of the States of Jersey…

This will allow the Minister (FB) to engage more often with the likes of Vince Cable, the Swedish Ambassador (who he met last week) the UK Minister of Justice and other like minded, self-important personages on an equal basis…

Full details are not yet finalised but there might also be an opportunity to introduce a herd of milking Jerseys onto Hyde Park emblazoned with advertising material sponsored on a user pays basis…all subject to Data Protection Laws and Client confidentiality and all of
our International Human Rights obligations…

Any further questions before I conclude he said…at which point the Minister was reminded that it was for the Chair to close the meeting, not him…

Just a little pryke indeed…




Monday, September 10, 2012

ELECTORAL COMMISSION - LAST PUBLIC HEARING



Storm in Bailhache’s absence

Today the final public meeting of the Electoral Commission was held in the Committee Room at the Town Hall.

In fact it wasn’t a complete Commission because Chairman Senator Philip Bailhache was absent and Deputy Baker only turned up at 11.20am for the hearings that started at 9.00am (although the screen in the lobby said 10.00am).
Left to their own devices the remaining four Commissioners seemed much more relaxed and Colin Storm, the former Guinness and Burger King Supremo was noticeably friendlier and tolerant as chair. He even invited yours truly as the token member of the public present at the outset if the sound was adequate – an issue raised during my own hearing some weeks ago - so the Commission is at least listening on some matters…and they presumably read the JEP too, as revealed during the hearings.

Seven witnesses appeared to give their oral evidence although several proceeded to read scripts that were written in haste at the last possible moment – and it showed.

Deputy Higgins was a rather disappointing self in his presentation and he always seems to be too busy with his aircraft hobby to concentrate on his more important duties public duties as a Deputy.
Shame, because he is a decent sort who means well, but when Colin Storm loaned him a pair of glasses to enable him to read his own script the credibility quotient hit a particularly low point on the scale.

The Deputy did commence though with a jibe at the recent JEP editorial which provoked Storm to clarify in strong terms that the Commission had not yet even considered any of the matters before it. He continued that he did not know why the JEP had written such a thing or whether it was done maliciously or benevolently but he resented that certain people had made that allegation which impugned the Commission’s honesty.
“I can assure you on my honour that we have not yet discussed these matters” Storm protested…

During Senator Farnham’s presentation yours truly passed a note to the Chair asking if the witness could speak up and true to his word Storm interrupted the Senator twice to raise the decibels a bit. So he was not only listening but prepared to act too…

Daniel Wimberley’s 11.00am session commenced with an initial heated discussion arising from a late night
e-mail exchange and his desire to be allowed to rebut an “expert opinion” commissioned and paid for by Advocate Mark Renouf and attached to his written submission “on the final day” allowed.
Colin Storm explained that this document would be examined along with others in the usual way…

Wimberley followed up with a request to see the “expert opinions” received by the Commission but Storm said that these were already published on the Commission’s web-site – which came as a surprise to both of us.

The former Deputy also raised the JEP question and Storm repeated that he did not know if the editorial was malicious or misguided etc but Wimberley persisted “Will you ask the JEP for a retraction?” Storm was unsure – he initially said it was a matter for the Chairman but then that he did not know – but thought it was unlikely that a retraction would be sought.

The exchange seemed to take the wind out of acting Chair Storm’s sails for a while and Dr Jonathan Renouf (the former Hautlieu student turned BBC TV documentary producer) then mostly asked the questions for a while on Wimberley’s “seven principles that the Commission should follow.”

As is traditional for the man from St Mary, his diatribe exceeded the time allowed and he was only silenced by Storm at 11.45am with thanks for all his written research and the promise that “we will read it all.”

Bob Hill next appeared and also explained his growing cynicism and how there was a perception “outside” that there was already a “done deal” by the Commission and that its constitution had been “loaded.” Storm assured him that they all had one vote only and Renouf affirmed “we are only lay members after the event.”

But, asked Bob, suppose there is a split vote between your 6 members? Would the Chairman have a casting vote? Storm responded that at worst there would be a deadlock but then added “This is not a charade; I would not be involved in a charade.”

The hearings eventually - and finally - ended at 12.50pm.
Other questions were asked by Commission members Constable Gallichan of St Mary and Professor Sallis.
Deputy Baker managed a few sentences including the comment that poor voting figures were a reflection of contentment.

Other witnesses were Raulin Amy a Jersey advocate working for a local practice.
Sylvia Lagadu, a candidate in the most recent Senatorial elections.
Constable Steve Pallett who had been turned from party politics and membership of the JDA through Honorary service in St Brelade…

Anyone for charades?

Saturday, September 8, 2012

The importance of Friday 28 SEPTEMBER - JERSEY REFORM DAY




1769 AND ALL THAT….
…something we should ALL be doing on Friday 28 September this year.

REVOLUTION was in the air in the1760s.
All the Western Empires were creaking following the latest European war and old values were being tested. Religion, politics, scientific knowledge and the social order were all being subjected to examination and reform.

Even in little Jersey, there were brave people prepared to put their lives at risk in order to challenge the established order. Then, all economic, social, political and religious life in Jersey was dominated by the all - powerful Royal Court. This was a wholly corrupted body dominated by the Bailiff, and a dozen each of Jurats, Parish Constables and Rectors.
The same few privileged families controlled almost everything and the Island was divided up into hundreds of feudal fiefs which had to pay rentes to the seigniorial overlords. Most of the Island’s 22,000 or so population lived in precarious poverty.

Then, as now, the Crown Appointed Officers, reigned supreme. The office of Bailiff had degenerated into a hereditary sinecure of the UK based De Carteret family, who hardly ever even visited Jersey. In their place, over three centuries, substitute Lieutenant Bailiffs were appointed.
During much of the 18th century, it was the Lempriere family and their cronies who dominated the Royal Court, the government and so much of Jersey economic and social life. It was against this group that the poorer people of Jersey rose up and rebelled on 28 September 1769 – but there is no memorial built to their memory. Their leader Thomas Gruchy lies in an unmarked Trinity grave.
Officially, these brave people did not exist. The record of their rebellion was even erased from the contemporary Royal court ledger.
 
Then as now, dissent against the “Crown Officers” was treated as some sort of treason or sedition. The oppressive government dismissed the dissenters as “some factions of jealous persons of a spirit of disrespect in some of the lower classes towards their superiors.”
The Lemprieres planned to hang as many as possible or to deport even more of the rebels, appealing to the King in London to send over troops with authority to suppress the troublemakers.

In fact, the London government did not give the Lemprieres the authority they sought and nobody was hanged or deported. Instead, the brave Island rebels drew up petitions expressing their many grievances and these were sent to London.

As was so often the case, the London government protected the inhabitants of Jersey against the worst oppressions of the local tyrants. It was the ancient responsibility of the London Parliament for the good government of Jersey – even though there were no elected representatives from Jersey in Parliament.

The immediate outcome was that some of the abusive powers were taken away from the Royal Court and more authority was confirmed for the States of Jersey.
It was the start of a more democratic government in Jersey although very short of what the dissenters actually wanted.
In addition, a “Code of Laws “ was agreed and published by authority of the Privy Council in 1771 which was an attempt at providing a clear statement of the laws that applied in Jersey.

The Code was totally inadequate (to this day, clear commentaries on the obscure laws of Jersey are still needed), but it was very significant in the 18th century.
It did make clear that neither the Jersey Court nor the evolving States could pass new laws or amend existing ones, without prior Privy Council approval.

Following this mini- revolution, Philip Lempriere H.M. Attorney “resigned” and left the Island. A new H.M. Lieutenant-Governor was appointed following representations in London against the local oppressors.

The suggestion that Jersey people have enjoyed a democratic paradise since 1204 is just nonsense.
The true history of Jersey has not been recorded or written.

Islanders and the outside-world audience have been fed an official Pro-Royalist ( PR) diet of misinformation for centuries.
The Inquiry (under Lord Carswell’s chairmanship) into the Roles of The Crown Officers brought out the queues of apologists for an official version of history and preservation of the status quo.
A legion of lawyers, Jurats, Honorary Parish officers, politicians past and present (and even H.M. Dean) presented a parrot-like recitation of wonderment in support of seven centuries of supposedly enlightened government, administrative excellence and judicial brilliance.
Historically supported fact or evidence was noticeably absent from their written or oral contributions to the Inquiry Panel of five persons (unimaginatively composed of three lawyers, a Jersey lawyer’s wife and a nurse).

Most of all, it was the Crown Officers themselves, the Bailiffs, Deputy Bailiffs, Attorneys and Solicitors General who felt the greatest need to sing their own praises,  protect their own interests and resist any notions of reform or change.
Thus, the same 18th century style of Crown Officers’ resistance against reform continues to this day.
Former Deputy Bob Hill’s successful call for an examination of the Role of the Crown Officers was just a continuation of the same call for reform that inspired the events of 28 September 1769. It is the voice of the people against oppressive or undemocratic institutions.

For the modern Royalists, it was all hands to the pump trying to maintain the Crown Officers’ ship afloat. Even the Crown Officers from Guernsey were encouraged to give support in an effort to keep the progressive standards of the twenty-first century, at bay.

There seemed to be a desperate but concerted attempt to hang on to perverse powers that their Channel Islands ancestors enjoyed over past centuries.

Jersey’s 1769 mini-revolution pre-dated the American 1775 break with Britain. Yet, when the American colonists’ French allies mounted an expedition against Jersey’s “nest of pirates” on 6 January 1781, Charles Lempriere, the outrageous Lieutenant-Bailiff, was finally forced to resign from office. His slightly less unpleasant son was appointed in his place and H.M. Lieutenant-Governor Corbett (Charles Lempriere’s father-in-law) was court-martialled and dismissed, for failing to adequately defend the colonial outpost.

As always, such disciplinary decisions were made in London because the Island never had an adequate administration, or the powers, to deal with such matters.

It was the Channel Islands’ role as bases for smugglers, privateers and pirates that attracted so much critical attention in the 18th century - as does the finance centre business today.

Inevitably, the Island based smuggling, privateering and “piracy” activities were defended as being beneficial to the British Imperial interest.
The business was a great training ground for navy recruits and many national and local heroes served on the vessels but they also incurred the wrath of others.
Invasions, such as that of 1781, were constantly threatened by foreign powers and so too were the calls on the British Government to curtail the abuses by imposing English Customs or other regulations.

Similar threats and pressures continue to this day from Britain the EU, the OECD, the IMF, the UN the USA and elsewhere.
Now, the Crown Officers continue to defend their own privileged and anachronistic positions within a system of government and administration which must surely be condemned before an international tribunal soon.
The Crown Officers also continue to defend the finance industry - the 21st century equivalent of the nefarious smuggling and privateering – and seek to give credence to the myth of 800 years of democratic government and benign administration under their own or ancestors’ authority.

During the 18th century there were just six Jersey advocates (appointed by authority of the Bailiff of course). Now, there are over 250 (mostly within huge international partnerships) – yet, just a couple dared to express any dissenting views before Lord Carswell’s Inquiry on the Roles of the Crown Officers. Jersey lawyers are the central and essential professional core of the whole Island based finance business and predictably, the Crown Officers are recruited exclusively from among them.

The single most important finding of the “Lord Carswell” inquiry – that the Bailiff should not sit in the States – has inevitably been ignored.

As in 1769, this is just another manifestation of the great divide in Jersey between the general population and the non-elected elite who still retain such a stranglehold as lawyers and Crown Officers over Island life.
We in Jersey should remember the brave heroes of 28 September 1769 with pride every year celebrate their achievements and continue to demand further reforms.

Currently (summer of 2012), following the proposition of (former) Deputy Wimberley an Electoral Commission has been set up to consider the structure of the Jersey States Assembly and whether reforms are needed.

Unfortunately, this Commission has been hijacked by the former Bailiff Sir Philip Bailhache in his new role as an elected Senator of the States and the Commission is now loaded with politicians rather than the independent people that Deputy Wimberley had originally intended.

Every effort is being made by the old guard to ensure that virtually no reform takes place.
The media is manipulated as always to present a defence of the status quo and the Commission has already indicated that it will be pursuing a very narrow interpretation of its Terms of Reference.

Now, as in 1769, the people of Jersey cannot rely upon the government of the Island to address the many problems that are obvious in this community of just 100,000.
Unfairness and lack of equality runs throughout so many aspects of official political thinking which has scant regard for international obligations or standards.

Problems of poverty, poor housing, inadequate heath care and such like – which the protestors of 1769 were concerned with – remain unsolved or addressed.

The reforms of government itself and the lack of democratic representation - another major part of the 1769 grievances - also remain unresolved and it seems unlikely that the current Electoral Commission will support change for the better.

Peaceful protest on the streets, public debate, the free expression and exchange of ideas to challenge the political status quo - these are the wholly respectable and democratic rights of the people in a democratic society.

As in 1769, it is surely now necessary for the public to take the initiative for reform and remove the discussion away from the too cosy and restricted confines of the States Chamber and out of the clutches of complacent officials and their media mouthpieces.


Thursday, September 6, 2012

Constable Pallett of St Brelade - what happened?




Yesterday’s Scrutiny Panel hearing concerned the Economic Affairs Panel, the Medium Term Financial Plan and the Economic Development Department.

Almost everything that is wrong with Jersey government was on display. Some of the shortcomings are discussed in the interview here with Constable Pallett of St Brelade but in the light of the current Electoral Commission’s work, there is much more that needs to be said in other places.

Quite how the politically progressive Steve Pallett has become transformed into an ultra-conservative Constable in such a short time is a mystery to me, especially since he is evidently the same decent thinking and friendly chap.

His views as expressed here on the role of Constables both in and outside the States certainly cause me to be even more concerned about any future activities for this powerful group.

The fact that his fellow Panel member Constable Paddock of St Ouen sat through the entire 75 minutes of this public hearing without contributing anything beyond  speaking his name – says a great deal to me. But why was he there?

Much the same could be asked about Assistant Minister Deputy Baker (sitting in for the EDD Minister absent for legitimate family reasons) but he spoke for only a few sentences – 2 minutes at most – whilst the EDD CO Mike King hogged the entire proceedings.

Even when Deputy Baker asked to be able to “say a few words regarding question three” his request was ignored. The discussion carried on without him!

Of course the whole scrutiny hearing was led by Deputy Luce of St Martin as chair of the Panel but he clearly sees the purpose to be just a friendly, well-rehearsed PR chat.
When ever the questions seemed to ruffle the feathers of CO King, Deputy Luce was apologetic – saying we don’t mean to be critical etc….!

A case in point was when Steve Pallett raised the international human rights question (which was presumably not according to the prepared script) and this was obviously intended – as a political question – for Deputy Baker – but King took over and Luce moved the discussion on to other matters, just as soon as he could.

If Scrutiny has managed to make their pod-cast system work then this full discussion can be accessed on-line.
But why are the Committee of Constables allowed to meet in total secrecy with no published agenda and no public participation etc etc and why oh why does a  formerly progressive chap such as Steve Pallet believe  this to be satisfactory?

We should all be very worried – but at least we have Friday 28 September to look forward to when we can all vent our frustrations in the proper place – in public – and discuss such things and many more whilst getting organised for change with or without our elected representatives…..


Tuesday, September 4, 2012

Jersey First Scrutiny Podcast - WORLD EXCLUSIVE




JERSEY ROYAL GREEN SLIME saves the day and the Jersey economy….

Architecturally speaking we always used to say – if it’s a mistake then make a feature of it.
Thus we have Le Carbuncle on the Waterfront whereas the world at large has the legacy of Charles-Edouard Jeanneret aka Le Corbusier to grapple with (and if you saw the size of his nose you would understand why he was nick-named after the crow)…

Meanwhile today was full of excitement (or was it excrement?) and it was so handy because of the launching of the new Pod-Casting of Scrutiny hearings (but not meetings) so that we can all enjoy the Scrutiny experience from the comfort of our own armchairs.

First up today was Deputy Green the Housing Minister trying to justify his Housing Transformation programme in the context of the Medium Term Financial Plan (MTFR).
He batted bravely for an hour but it is obvious to anybody that his grand plans (that have already been kicking around for years), are virtually dead in the water.
As he kept saying, we have had discussions with the Treasury minister aka Ozo le Crocquodile and the funding is there!!!! Oh yes – pull the other sausage and in spite of some very deep and consistent probing by Deputy Reed he would not confirm that Le Crocque had confirmed as much in writing.  And he also needed the Planning Minister to re-zone more land for urgently needed building sites too. Some hope!

Wonder why he is called Green…

Next it was the Assistant Minister for Health – who looked so much like Constable Refault the Assistant Housing Minister who had appeared with Deputy Green - that they must surely be twins? Anyway relationships did not matter very much because it was his Finance Officer “Jason” who did most of this team’s talking on the MTFP and once again it was more about faith than factual evidence of funding for the famous “White Paper” proposals.

The role of charities aka the “Third Sector” was a strong undercurrent theme because of recent reductions in grants and the supposed need to “purchase services” with SLAs (aka Service level Agreements) after “robust tendering”…but it was evident that nobody wanted to utter the words SILKWORTH LODGE because that was still a weeping sore.

Also it was clear that the true cost of providing private services in the hospital was sensitive because it seems that there are long waiting lists for the general public needing surgery but private patients are a better earner.
So good in fact that the operating theatres may be running at 90% capacity which not only exceeds the UK average of only 60% (what a load a shirkers) but also creates a risk of nasty infections (oh dear)…

Once again it was pretty much apparent that the creature with the teeth was in control behind the curtain and that all these grand plans for a new hospital “needed in 10 years time” are just a dream or something to talk about during the long winter nights….

Next it was Deputy Duhamel’s turn again and we have watched him defending his little Planning & Environment Department on a previous occasion. This was his Quarterly grilling before the Environment Scrutiny Panel and the heat was turned full up for an hour’s thorough basting. He must enjoy it.
Deputy Young was in a surprisingly aggressive mood for an ex Planning Chief Officer (did he leave under a cloud harbouring a grievance?) and wanted all the muck exposed – and there was certainly plenty of it.  Excrement – human and animal – ash – fly and bottom – asbestos - nitrates and pesticides - you name it and we have it in Jersey in abundance and there are hidden leeching wonders buried at Mont Mado that we have not yet even dreamed of.

What are you going to do about it? Was the main questioning line as can be imagined.  In fact, it transpires there are all sorts of interesting options and some of them might even comply with International Conventions, which was nice to hear….

Unfortunately yours truly had to leave at this point to attend Royal Court No 2 where Harcourt Ltd (under various names) was due to challenge Le Crocquodile in legal combat!

It was great pity because Deputy Duhamel was just about to explain that it was the new CEO of the States who – in a former role – had made the decision to dump tons of asbestos waste in steel containers on the reclaimed land near La Collette industrial zone and the corrosive sea.
Quelle horreur!!! Who shall pay for this folly? Let’s hope he will accept his £500,000 severance pay in instalments because the treasure chest must be nearly empty by now…

The Court proceedings were a disappointment.  Neither Harcourt nor their lawyers (Ogier) appeared – much to the dismay of Commissioner Clyde-Smith who even asked yours truly if I was representing them. I declined the offer although the pay would have been nice and after a short recess (when we gather that some hasty e-mails were exchanged) the decision was to adjourn the hearing until 27 September in order to allow for Mr Power or his company to appoint fresh lawyers. In the meantime a fixed sum of £600 towards costs was payable within 7 days.

The very youthful looking Solicitor-General Sharp had acted out his call for the action to be struck-out and the Judge condemned Mr Power’s lack of courtesy for non-attendance but due to the substantial amount of Harcourt’s claim and the complex nature of the case felt that there should be another chance to appear to justify their action.
Ogiers were criticised for failing to answer to the SG’s letters (which might even be against be against the Law Society’s Code!) and the SG was mildly rebuked for failing to include all his legal authorities in “the bundle” but quite why Ogiers had fallen out with Harcourt was unknown… ….perhaps it was all a result of the infill pollution that was still troubling the Planning Minister when I returned to that hearing which had at least attracted a public audience of 15 concerned about the Green Slime…after all, there have been instances of death caused by the rotting stuff near St Malo.

Also revealed was that the water we receive through our taps from Jersey Water is actually more polluted by nitrates than the stuff that flows into St Aubin’s Bay to feed the algae that turns everything green! The figures are apparently 50mgs per litre max for drinking water but only 10mgs per litre for all that excrement polluted waste water that pours out from Bellozanne every day under TTS rules.
Of course this does not include the entire chemical and excrement polluted run-off from agri- activities etc that finds its way into the Island’s foremost bay to such a visible and smelly result.

By 3.55pm, other dire tales of heavy metals and sludge being spread on fields or put into the new incinerator to create yet more fly ash had just about put the tin hat on this Minister’s future career. There was simply too much bad news being revealed here – the States PR machine would have to be working overtime for months ahead if this continued…

But the Minister had a trump card yet to play – the Slime was a valuable commodity.
Not only did the Japanese want it by the ton to eat but it was also good for cleaning teeth (after a bit of modification) and a multitude of other uses besides spreading it on spud fields as every Jerseyman knew already.
So out of adversity there was good news – the day’s proceedings ended on a happy note. Punch loves Judy. The economy is sound. The future is GREEN…

Cast
Mr Punch….Deputy Duhamel
Ozo Le Crocquodile….himself
1st sausage….Deputy Moore
2nd sausage…Deputy Reed
Other sausages….themselves
Judy…..Deputy Martin
Clown…Deputy Hilton
Invisible man….Senator Gorst
Sound effects and unsound affects… Constable Refault

Next instalment will feature the “Man from Mars” on space travel at speeds in excess of 40 mph and managing economic development.

Monday, September 3, 2012

Schools are back and so is Scrutiny but which is the more useful activity ?

What to do now that the children are back at school?


Today the Scrutiny Hearing season resumed in Le Capelain room at the States Building.

This time the Chief Minister (Senator Gorst in case anybody has forgotten) was flanked by a posse of his three top civil servants including John Richardson (the Ogley clone).

It has not been revealed if Mr Richardson has the same take-away (£500,000) package as Mr Ogley enjoyed but it is noticeable how nice everybody is these days to each other.

Facing the CMs team were Senator Ferguson as Chair person of the Corporate Services Scrutiny Panel assisted by Deputies Young, Luce, Macon and Reed together with two “advisers” whose names I never seem to be able to catch.

In fact it matters not that they are anonymous since I cannot remember the last time they spoke and bearing in mind what happened to that jovial fellow with the Santa Claus beard who used to sit in on such hearings – I am not surprised that they keep their mouths shut.

Off-table there were three scrutiny officers in attendance. So the grand total of people taking part officially was 14.

Besides which, there were some members of the public – a couple in the role of “accredited media” - and at least two who blog. That presumably means they (including yours truly) are bloggers.

As always the big question was, don’t all these people have something more useful to do?

Especially since “efficiency” and “savings” are so integral to the Medium Term Financial Plan 2013 – 2015(the subject for discussion today) aka the 400 pages of baloney that the Council of Ministers have dreamed up to amuse accountants and keep them busy at enormous public expense etc for years and years to come whilst mystifying the paying public.

Around the table there was only one question viz:

Suppose this plan doesn’t work?

And there was only one answer from the CM and his team :

We will have to dream up another one.

But of course, the discussion time allotted was from 10.15 until 11.45 am so the talking had to be padded out a bit to fill the space available in true Parkinsonesque style.

States income is falling and already 64% of the total being derived from personal taxes is raised from residents whilst expenditure is scheduled to go through the ceiling to satisfy health, social security, housing and education demands and CSR cuts were yesterday’s plan. Now (the CM explained) we have a whole new range of cuts to be achieved although CSR was unrealistic but was appropriate for its time… and there are endless forums set up so that people just like us can sit around tables monitoring how these are being achieved and suggesting what to do if they are not.

Sarah interjected on the matter of staffing matters. – About 100 years or so ago she had suggested that suggestion boxes be put in all departments so that States employees could submit their useful suggestions to management – had this ever been acted upon?
Nobody knew of course – presumably because that same nobody had been delegated to supply the boxes… but the need for such  a facility in the Scrutiny rooms at the States building for the long suffering, silent (or else) public to use was never more apparent.

For some reason, yours truly began to experience images of  beaches covered in green slime and bed pans that needed to be emptied at this stage and I could not help wondering if some practical “hands on” activity might be more beneficial to these people…

So I left a few minutes before the dire end and noted that the Harcourt case v TTS is on in the Royal Court tomorrow (Tuesday) from 2.30pm. Wonder what particular aspect of States efficiency and savings will be discussed there and what a pity it clashes with the Quarterly hearing of Deputy Duhamel as Minister for Planning before the Environment Scrutiny Panel. Where shall I go?

Did I dream it - or was there another Parkinson dictum that declared that - if politicians are kept talking in endless meetings for ever and ever that this is actually more beneficial than allowing them to do anything such as legislating ?

If not - somebody should have said it – surely.
If only there was a suggestion box in Le Capelain room…wonder if there is one in the Royal court?

Answers in a suggestion box near you please (gold painted of course).

P.S. Preacher Price was giving yet more banal morning thoughts on BBC Radio Jersey this weekend and Marett Crosby the preacher is pushing his boring book on the universe  yet again all this week in the same slot.
Isn’t it about time that somebody asked some serious questions about the nepotism at BBC Jersey or should the JEC just disconnect the electricity supply in the name of public health and safety? – just a suggestion.