JERSEY'S SHAM DEMOCRACY: IS THERE ANY OPPOSITION LEFT?

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Apart from this man...

As a twice-elected former Jersey MP who stood on a social justice - and thus 'anti-Establishment' platform I am well familiar with the obstacles to trying to bring about even basic commonsense reforms within what is in reality a Neo-feudal Tax Haven; both judiciary and legislature used and abused year in, year out in a desperate rage against the dying of the light by those still imbued with the sort of  'natural order' mentality of the ilk which saw the Tolpuddle Martyrs stitched up and shipped off to Australia.

So at a time when the 8th anniversary of my successful States proposition to at last see the momentous events of the Jersey Uprising and the storming of the corrupt Royal Court on September 28th 1769 finally recognised is fast approaching it is, I acknowledge, hardly surprising that the worst culprits remain those who come to hold the position of Bailiff. These 'Crimson Horse-blankets', for the uninitiated, are unelected judges who sit to this day via UK collusion as heads of both court and government. 

How many times do you have to write the same thing before the need for change sinks in?

Unfortunately, because of this reality it all too often allows those who actually do have the power locally to change all of this, but time and time again choose not to do so - the island's politicians - to fly beneath the radar and dodge their own well earned share of the blame. A perfect example of what happens under such circumstances - people who should be the solution actually being absorbed in to the problem - reared its ugly head only last week; this within a debate on proposals to finally properly regulate Jersey's landlords and the highly lucrative accomodation rental business. 

Jersey Bailiff Tim Le Cocq

Here, not only did the island's latest incumbent upon the throne of the Crimson Horse-blanket choose to disregard the fact that at least 17 States Members had previously officially declared financial, and thus blatantly conflicted interests, to both participate within the debate and even vote in it - almost all of them then did so. Indeed, ultimately only four Members were missing, the consequence of course was sadly predictable: the proposition was defeated by 24 votes to 21. A close vote true - but crucially one that could not have happened had we had a professional, independent Speaker in control.

The roaring silence

There should have been mass outrage at Bailiff Le Cocq's clear abuse of Standing Orders from amidst the benches. But there was not. Barely even a half-convincing mumble of disquiet in fact from what I am told. But I will come to what this must surely be seen to mean in a moment. The thing is that at least in my years within the States Assembly there was always a small but undoubtedly capable nucleus of politicians brave enough to both highlight and challenge - even if they had not the numbers to overturn such abuses. 

Nowhere was this better illustrated than in our battle to achieve some degree of belated justice for the abuse survivors of 'The Jersey Way' within institutions such as the now notorious Haut de la Garenne; culminating in the so-called Independent Care Inquiry. Stuart Syvret - who kicked the whole thing off politically, Bob Hill, Daniel Wimberley, Mike Higgins, Montfort Tadier. Myself, I am proud to say, and my own three-times elected wife Shona likewise.

Today, whilst only two of the above remain in the States it is a sad indication of the type of people who have since managed to get themselves elected that from what local people describe to me only one - the veteran back-bencher Deputy Mike Higgins still appear to be fighting the good fight. Consequently of course drawing all the flak. And the clear unwillingness, the abject terror even perhaps, is I suggest very important to Jersey's current problems.

Jersey's 'Independent' Care Inquiry

This has become very evident within examination of yet another example of what I flag up above: Higgins' one man struggle to hold to account a Childrens Service still failing far too many children and families who should - after a nigh £24 million aforesaid  'Care' Inquiry surely? - finally be able to rely upon it. I mean to say, with both a Childrens' Minister and a Commionser now in place should parents being 'supported' by the Childrens Service really feel no other option but to secretly record  meetings with its staff? Yet at a recent States Sitting not a single other member followed up Higgins important questions.

Never mind risking the Jungle - welcome to the Comfy Club

Let's be quite up-front here - in Jersey there will always be the laughingly termed 'big hitters' of the Establishment who through money and contacts come to dominate the majority of ministerial Offices. Often many of these have been, to be quite frank, plain thick regardless. Others nevertheless definitely have had abilty and clearly knew what needed to be done - yet chose not to do it. You would have to say that of all politicians these are surely the worst.

And yet what I believe right now to be even more significant is the fact that the rest - the large majority - now all seem quite happy to be absorbed in to an endless 'comfy club' previously comprised by only those who generally had neither political clue nor principle at all; simply being ecstatic to have simply become 'someone' as a States Member. When change is so desperately needed isn't this the saddest fact of all?

Whilst Deputy Higgins struggles to 'plough the sea'...

As long time readers of my blogs will know I have never been one of those who turn on, and blindly slag off other Left-wingers for the sake of it. This has often been a huge failing of the Left/Progressive politics in Jersey in recent years: but I also believe that people have to be brave enough to flag up issues which are by consequence stopping inroads toward bringing about real political change. So let's briefly consider two examples of what many who I still talk to on the island say to me to this regard.

We have a Left-wing political party Reform Jersey - the natural sucessor to the Jersey Democratic Alliance (JDA) of which I was Chairman at the time of their political breakthrough back in 2008. But while such Left-wing States Members will always - in my opinion - tend to do a good job at representing their constituents at grass roots level this alone is just not enough. The bigger, deeper issues that maintain the failings I highlight above have to be confronted. And this unfortunately will invariably always draw flak - lots of it!

Trust me - I have been there. And frankly, regardless of the huge stress and damage it has done me personally I am very proud to 'wear the tee shirt'.

Childrens Minister & Reform Jersey's Senator Sam Mezec

This past year apart from a good, solid attempt by the now Senator Sam Mezec to  raise the seemingly eternal battle to end the farce of the Bailiff's 'dual role' which ultimately holds the ages-old Jersey Way together I have had to concede that Reform don't seem to be pushing a lot of fundamental reforming as needed? And where, I ask, is the move to try and tackle all of this from the 'foot in the door' position the party now has access to with not just a Senator who is a Minister; but also having an Assistant Minister and a Scrutiny Chairman too? 

Is this too ultimately a consequence, as some people suggest, of becoming too comfortable just 'being someone'? Hopefully not. Nevertheless, you would have to say that as a Minister Sam is also undoubtedly best placed to bring a Vote of No Confidence following the Bailiff's actions over the Landlords/conflicts of interest decision. He has spoken out over the fear some of his constituents feel about rents; so why not? It is as I say wholly warranted in my view.

My own view is that perhaps this is really just a clear message that you can't be on both sides? 'Critical friends' in politics just don't cut it when there are deeply opposing values at stake.

Yet if the above is disappointing for any adherent to progressive politics I think it is consideration of the laughingly titled Privileges & Procedures Committe which shows the true extent of the present Comfy Club problem in Jersey politics. PPC are meant - on paper it is their raison d'etre - to bring about reform of obvious abuses and anachronisms to the political system. To this regard there are of course none bigger than 1 - the need to remove the Bailiff. And 2 - the need to bring about a fairer and more open electoral system. 

PPC Chairman Deputy Russell Labey

And yet despite what can only be viewed as damning findings and recommendations by the Commonwealth Parliamentary Association observers who monitored the last Jersey election in 2018, two years on under its current Chairman, the apparently 'progressive' Deputy Russell Labey, PPC appear at best wholly half-hearted about this people say to me. Perhaps more bluntly I suggest - terrified by the challenge.

For how can you be a Chairman of PPC and not see the Bailiff's dual role as wholly in conflict with democracy?

Isn't it truly disturbing that PPC are currently more interested - with the aforesaid Bailiff's chummy assistance of course - in bringing proposals to close down debate i.e. by restricting the length of politicians speeches? This has simply never been any kind of real problem within Jersey politics. Indeed, as once so adroitly summed up by my fellow Jersey blogger Neil McMurray at the island's leading political blog www.voiceforchildre.blogspot.com there have always been far more 'silent assassins' than windbags.

PPC Chairman Deputy Labey should be pushing the above made points again and again - every three months (as the system allows) if necessary if he and his committee members are seriously committed to reform. Make Members so sick of it they finally do the right thing! If the Chairman doesn't - and I acknowledge that I found it deeply disturbing that this same politician has already sought to overturn my own successful proposition that finally brought about an open vote for all ministerial positions: thus ending the secret, behind closed door deals that happened previously - I have to ask why he is on PPC at all? 

A fair electoral system & ending the 'dual role' are the keys to even greater reforms: help isn't going to come from Westminster.

Consequently this all brings me back to the apparently ever-growing Comfy Club within the States Assembly. If, just like me, you still look at all of this and can't quite understand how Jersey politics has managed to somehow go backwards - not forwards since the work of those who 'fought the good fight' for change and accountability during my time in politics perhaps you need to consider the following possibility.

After the last Jersey election in 2018 it emerged, thanks yet again to those in the local blogosphere, that more than half of the States Members just elected had all broken the electoral expenses law: something which whether you agree with it or not should, beyond any possible argument, have seen every one of those politicians lose their seats. It is there in plain black and white. But they didn't of course. 

All courtesy of the Bailiff's Attorney General. 

Is it thus any wonder, I suggest, why so many do stay meek and quiet in the ever-swelling ranks of the new States Assembly Comfy Club? Rocking the boat after all can clearly be dangerous...