CAN THE UNITED KINGDOM FORCE LEGISLATION ON THE CROWN DEPENDENCY TAX HAVEN OF JERSEY?

"Don't look at me! - It was just my turn to run this farce!"

AND IF SO WHY DOES WESTMINSTER/WHITEHALL VIEW TAX DODGING AS MORE IMPORTANT THAN THE EVIDENCED POLITICISATION AND ABUSE OF JERSEY'S PROSECUTION SERVICES?

I was most intrigued this week to read extracts from comments made by Conservative MP Andrew Mitchell where he re-stressed the view that the United Kingdom government could - and if necessary finally will force legislation upon Jersey and other Crown Dependencies in the event of them failing to meet the 2023 'deadline' for introducing real and "transparent registers of beneficial ownership of companies registered within their jurisdiction". 

Intrigued because 'cleaning up' Offshore tax dodging has never exactly been a priority for UK governments, be they Conservative or Labour (certainly prior to the coming of the Corbyn leadership anyway!) squatting as they do in the shadows of the City of London's murky underworld. Indeed, let us not forget that a financial services bill to which such an amendment had been attached was pulled only this past Spring.

So why now, I ask any readers interested in commenting? And is it really clear cut that they could do so?

Andrew Mitchell MP

After all, having some more direct political contacts now that I am based on the UK mainland I am told that Andrew Mitchell is apparently very confident on two fronts. 

Firstly, that this transposing of legislation really can be implemented even if the Crown Dependencies back-track and ultimately try to refuse the imposition. Secondly, and this is perhaps even more surprising given the continued farce of Brexit rolling ever-onward, that suddenly there really might just exist enough support within Westminster for the unprecedented imposition to be enforced. 


For within Mitchell's latest public comments on the subject he has been quoted as stating that he and his fellow campaigner on this move, Labour Dame Margaret Hodge, have apparently actually been given assurances from the "very best lawyers in the land" that the UK government does possess the necessary powers. 

Given that in the past Mitchell's Tory colleague, Dominic Grieve has poured doubt on this - doubt that has in fact now been reiterated by another Tory, Andrew Rosindell,  an MP of the ilk that surely makes up the majority view of Conservatives i.e. that they don't give a damn about global tax dodging I really have to question the will to move for legislation now, even if I agree with Mitchell's belief that intervention would be possible.

Could the UK's sacrifice of Jersey's Fulfilment industry be worth keeping in mind?

For those unfamiliar with this issue the key intervention catch-all is effectively hung on the issue of 'Good governance'. But I would also suggest that at a stretch - particularly if pressure from our European cousins should get ratcheted up as will almost certainly happen if Brexit finally takes place - the 'law and order' aspect of the United Kingdom's relationship with the Crown Dependencies could surely also be manipulated in to play if the will to support Mitchell and Hodge really has moved forward.

There is yet another interesting insight arising from Andrew Mitchell's latest comments which should likely also set some alarm bells ringing for the likes of former Jersey Bailiff 'Sir' Philip Bailhache and his fellow 'delusionals'; i.e. that faced with such increased threats  the Crown Dependency can simply give Westminster a right Royal two-fingered salute and declare 'Independence'. 

Yes, we really are that small...

Frankly, with increased European hostility - as certainly will happen post-Brexit if only out of spite - and no reason for the United Kingdom government to any longer act as a buffer, the idea that Jersey Tax Haven PLC could just roll on regardless is about as credible as a 'Sir' William Bailhache speech on 'The Jersey Way'.  Even if somewhat veiled Mitchell makes this very threat.

Yet in asking readers for their own thoughts I would end with an aspect of all of this which, as one of those then political figures who fought the long battle to try and bring about justice for the countless victims of decades of abuse within the States of Jersey's 'child care' institutions, disturbs me hugely when I read all of this:

Why, if the UK government really can intervene in a Crown Dependency's affairs under the umbrella of 'good governance' - let alone that of restoring 'law and order' - is it that this has never once been tried or even threatened over the spectacular failings of the Jersey government to safeguard children in it's care? 

Disgraced DJ Jimmy Savile pictured at Haut de la Garenne

After all, a full decade has passed by since the global breaking of the Haut de la Garenne scandal, and though £24 million has been spent on an Independent Care Inquiry the mandarins of Westminster really cannot fail to know that not only has very little changed; zero of their Crown Dependency equivalents has been held to account. Isn't that an issue worthy of intervention? 

To this regard I thus leave with this final thought:

Writing in Mein Kampf Adolf Hitler talked of what was to become known as 'the big lie' i.e. the use of a lie so 'colossal' that no one would believe that anyone could have the 'impudence to distort the truth so infamously'. 

In my own opinion when, just a week or so before Andrew Mitchell's latest comments out-going Jersey Bailiff 'Sir' William Bailhache - the former Attorney General behind so many failings just like his two predecessors  - used his last day as President/Speaker of the States government to attack those who claim Jersey's 'Royal' Court and by extension it's related prosecutionary services are politicised was spouting garbage that fits the 'big lie' as described by Hitler perfectly. 

Nothing, I say to readers yet again, has changed in the way Jersey is run. Nothing has changed either in regard to the will to bring such change about. In consequence if, as the Mitchell story would suggest, pounds really are still far more important to most politicians than people - more important even than children - then it really is ripe that time is called on traditional governments per se, both on Jersey and here in the UK.

Whatever might replace it all could hardly be any less disturbing, honest or dystopian.