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

A seven minute read. Too long? Buy a comic instead     

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...

JERSEY: A DUAL DUPLICITY PART 2 - GOD SAVE THE QUEEN - A FASCIST REGIME?

CAN CONTROL OF COURT & GOVERNMENT REALLY RESIDE SAFELY IN THE HANDS OF JUST ONE MAN...

Tis' a tale scarier than the best of Stephen King

Welcome to Part 2 of my 3 posts examining the Office of the Bailiff and why a Separation of Powers must finally be enforced on the Crown Dependency of Jersey. In today's ten minute read I offer a few ‘snapshots’ of modern Establishment ‘legends’ Lord Alexander Coutanche and Sir Philip Bailhache. 

The series will then conclude in a week or two with Sir Michael Birt and current Jersey Bailiff Sir William Bailhache. All you have to do is ask yourself if the actions described really were right, proper and acceptable; and ultimately provide evidence that a Separation of Powers really isn’t necessary as Jerseys Bailiffs continue to claim.

Bailiff Coutanche - Hero or Villain?

ALEXANDER MONCRIEF COUTANCHE - DON'T MENTION THE WAR...

Coutanche came to Office in 1935 and would sit on his throne until 1962! He was described to me once by someone who actually knew him as “a man who felt such entitlement to political power – even though he possessed no public mandate for this whatsoever - that he would regularly ‘summon’ the presidents (the equivalent of today’s ministers) of various government departments to his office to berate them as to what he believed should be done”. 

Regardless of this it is still, not surprisingly, some of his actions and inactions during the Nazi Occupation which would define him for many

Within this context much has been made by the Jersey Establishment of Coutanche’s apparent refusal to implement the Nazis’ 8^th Order – the forced wearing of the Yellow Star by all Jews – as ‘a measure too far’. Yet the uncomfortable reality I suggest is that when it came to him being instructed to use the island’s Honorary Police to round Jews up for actual deportation to work and death camps Bailiff Alexander Coutanche meekly complied.

That Coutanche had absolutely no power to stop the murderous act should be obvious to all. But wouldn’t any real ‘leader’ refuse to do this on principle – islanders being sent to round up islanders? Consequently inform the Kommandant in no uncertain terms of this; adding that if such hideous deportations had to take place then the Nazis would really have to use their own forces?

But how different it would be when one reads of Coutanche’s chums in the Freemasons facing the confiscation and deportation to Germany of mere temple artefacts and regalia? For here the Bailiff would demand that the States immediately buy the artefacts; thus insuring their protection from the Nazis as (albeit temporary) property of the island’s government!  I believe it has to be conceded that the stark contrast is damning.

What type of man views Masonic artefacts as more important than people?

Yet for me personally if there is just one ‘snapshot’ above all others to debunk the myth that a solitary, without-mandate individual straddling both Judiciary and Legislature is not a problem then it is the one that follows. I would actually go as far as to say it effectively depicts the modern beginnings of ‘the Jersey Way’ and its central plank – blatant abuse of the Royal Court – as we now know it today.

By this I mean the use or disregarding of the law simply according to who is involved.

This ‘snapshot’ revolves not around the difficult years of the Occupation but Bailiff Coutanche presiding over the case of the infamous “vanished votes” scandal involving the then Establishment Connétable Egré of St. Peter shortly before Coutanche’s retirement at the beginning of the 1960s. Here, within an election contentiously lost by just two votes, the Connétable of St. Peter was subsequently found to have a number of uncounted for ballots in a ‘very deep pocket’ on his person. Other ballots were also found variously discarded around the Parish.

Uncounted ballots in a pocket - but 'no offence'...

Yet presiding over ‘his’ Royal Court Bailiff Coutanche agreed with his lackey the Attorney General’s quite incredible contention that ‘no law’ had apparently been broken in the scandal; further still that ‘no purpose would be served by holding an inquiry’ either. (Note: Just keep this in mind for Part 3 and William Bailhache!) Thus the Constable of St. Peter would simply be allowed to retire without conviction – even without charge; though the election itself would have to be re-run! 

Just for good measure in closing the case Bailiff Alexander Coutanche delivered another two-fingered salute to those who believed they lived in a democracy. For now he even revealed that he had presided over the case despite the fact that – in his very own words - he had in fact ‘known the Constable, his brother and family for many, many years and could count them amongst his very best of friends’!

"A man shall be judged by his actions" indeed...

As a footnote, far from being hung as Churchill had suggested might be necessary, Jersey’s Bailiff Coutanche was instead rewarded not just with a very quick knighthood in 1946 (his even worse Guernsey counterpart got one too!); but even with a Peerage in 1961. And so upon his retirement Alexander Moncrief Coutanche would take the Conservative whip and sit in the Lords!

Sadly, as a consequence of my own research it must be concluded that, Churchill aside, the individual who must likely bare most of the criticism for this about turn and whitewash was none than the newly elected Labour Party’s own Herbert Morrison who had been dispatched to Jersey to look in to the issue of collaboration. It was, it appears, felt strongly at Westminster that having to acknowledge that Britain, like other countries, had had its abusers of high Office and even Quislings would not be good for moral or public confidence.

May 9th 2008 - The most offensive political speech in Jersey's history

SIR PHILIP BAILHACHE - DON'T MENTION THE LIBERATION...

When I first took up my own seat in the States upon my election in the autumn of 2008 the Bailiff sitting in front of me was Sir Philip Bailhache. He had formerly been Solicitor General, the Attorney General and Deputy Bailiff. Turning to my left I could also see the current Attorney General – no less a personage than Bailhache’s younger brother, William. 

No, you didn’t read that wrong. We were now in the 21^st Century and yet one brother was Chief Judge (and president of the government don’t forget!); while the other brother was Chief Prosecutor!

Bailhache The Younger

I well recall Deputy Kevin Lewis who sat quite close to me noting my shake of the head and quipping: “It’s just the Jersey Way, Trevor – a case of you prosecute ‘em, bruv; I’ll hang ‘em!”

As I write this post today of course ‘Bailhache The Younger’ is now the Bailiff himself in best 17^th Century tradition. For just as ‘rebel’ Jersey lawyer Advocate Philip Sinel has observed, in Jersey, as if not having a Separation of Powers was bad enough; the appointment of this all powerful figure really is done by a “Buggins’ turn” process. But more on the Bailiff some mock as ‘Barking Bill’ in the next episode.  

Becoming Bailiff in 1995 Philip Bailhache would quickly get around to flexing his ‘dual duplicity’ muscles and initiate an unprecedented ban on the island’s then most popular Senator, Stuart Syvret, from participating in the States.

This for Syvret's contention that the then Senator Reg Jeune had, via his position as President of Policy & Resources and also still being a consultant at a local law firm centrally involved, been pivotal in ‘fast-tracking’ a truly poisonous piece of legislation know as LLP – the Limited Liability Partnerships Law (1997)*.  

Syvret was barred for the longest period possible for refusing to backtrack – a full six months – which given that politicians’ pay was then nothing like it is today many still find difficult not to see as having been a crude attempt to economically ‘starve’ Syvret in to submission. The ploy didn’t work much to Syvret’s credit. 

Nevertheless, the really great irony here of course was that the Senator’s only real route of possible recourse would be via Jersey’s Royal Court Judiciary: a body of which Bailhache handily also sat at the head of. I would suggest it doesn't take a lot of imagination to guess how that would turn out.

Senator Stuart Syvret would get to know the 'dual duplicity' very well...

If you read Part 1 and you are now thinking ‘not much seems to have changed since the days of the Lemprières and the de Carterets rest assured – you are not alone!

Barely a decade later – December 5^th 2007 to be exact - Bailiff Sir Philip Bailhache and Senator Syvret would be centre stage once again. Here, making the traditional ‘Father of the House’ speech as longest serving Member, Syvret chose not to use this to wish Christmas felicitations to the Bailiff and his Good Lady wife along with other such seasonal candyfloss. Instead he began an impassioned plea regarding the just breaking Haut de la Garenne scandal revolving around decades of concealed child abuse within States institutions.

How did Bailiff Sir Philip Bailhache respond to this affront? He simply ordered Syvret’s microphone turned off. Under which Standing Order this action could truthfully be justified I have never quite been clear. But I am pretty certain such an Order doesn’t exist.

Within the same years Bailiff Bailhache offered us another gem of ‘dual duplicity’. On this occasion Deputy Shona Pitman had attempted to lodge a proposition that would see the Chief Minister directly elected by vote of the general public. Bailhache however would have none of it and summoned the Deputy (my wife – not that this is in any way important) to his Chambers.

Deputy Shona Pitman (and her charming husband!) sum up the 'Dual' role

Bailhache informed Shona that he would not be allowing her proposition. “It would change the whole political dynamic,” he told her. “We could have the public electing individuals that the Assembly won’t work with – we can’t have that. It would mean changing the whole electoral process”. Despite Shona playing the innocent and simply asking what needed to be tweaked to make the proposition acceptable Bailhache would still have none of it.

The real reason, I thought at the time and I still do to this day, was not just that it might have seen the likes of a Syvret become Chief Minister or even a Senator Ted Vibert had he not fallen ill – it would undoubtedly, as Bailhache would have recognised full well, quickly led to the advent of party politics because various interest groups would have had little choice but to coalesce around a viable leader.

Nevertheless, in May of the following year Bailiff Bailhache’s penchant for political meddling finally came back to bite him on the bottom for the first time. I am still convinced to this day that he never saw it coming. Wholly abusing his Liberation Day platform to make a speech claiming that the ‘real scandal’ arising out of the Haut de la Garenne outrage was the huge barrage of negative global media coverage that this had triggered, Sir Philip Bailhache would to his fury soon become the first Bailiff in some 800 years to face a States No Confidence Vote.

As fate would have it the politician behind this NCV was once again none other than – you guessed it - Deputy Shona Pitman; and the proposition had three specific strands.

Deputy Pitman's subsequent proposition to end the 'dual' role itself would be defeated in September 2008

Firstly the appallingly insensitive Liberation Day speech. Secondly, the fact that it had come to Shona’s attention that whilst Attorney General Bailhache had allowed a man, Roger Holland, who he knew to be a convicted paedophile to be sworn back in to the Honorary Police (Holland would consequently abuse more children through this re-appointment); while the blame had neatly been portrayed as the then St. Helier Connétable’s. Third was a blatantly political speech the allegedly non-political Bailiff had made in the so-called Liechtenstein Dialogue.

That the NCV would be defeated was a foregone conclusion from the start – most States Members were, and still are, terrified by the prospect of confronting a Bailiff and this remains a key aspect of why ‘the Jersey Way’ continues to blight the island. But the fact that only two politicians, Senator Syvret himself and quite surprisingly, Deputy Geoff Southern supported the Proposer was still almost as shocking as the suggestion from the then Chief Minister that no one should even speak on the debate!

Nevertheless, though Bailiff Bailhache survived the No Confidence Vote itself many view the bringing of this and what underlay it as the trigger for a discreet, behind the scenes ‘time to go, old boy’ move. After all, that only some 18 months from his sudden retirement Bailhache was back as a Senator meddling in everything from the Independent Electoral Commission to the Independent Care Inquiry screams to me that he really didn’t want to go.

But whatever the truth Sir Philip still found time for a couple more real ‘dual duplicity’ stonkers before the Bailiff curtain fell.

The first arose within a stunningly foolish speech he made as an address at the launching of the inaugural Jersey Law Course in 2009. Here to the mass chuckling of his starry-eyed acolytes he informed the world – for the clip would quickly find its way on to You-Tube of course – that when he didn’t know the legal answer to something he just “made it up” like everybody else. Now what a truly reassuring statement from a Royal Court Judge that is!

And how easy to understand ‘the Jersey Way’ suddenly becomes…

Hail the King! (Image from the Legendary Polo)

As to our second stonker this really was another true gem depicting what it surely must be like to reside in an alternate universe. For with retirement looming, within a centrespread for his most fervent supporters down at Establishment Party mouthpiece the Jersey Evening Post, Sir Philip Bailhache now set out the view that Bailiffs were in fact apparently held in the same high public respect as members of the British Royal family! It was, he also felt, very good for people on the island to know that there was always someone ‘above politics’.

‘Above politics’ but always down there meddling in it. Could there really be a better ‘Jersey Way’ thought to end on? 

Join me in a week’s time for our concluding episode as I run through of some of the ‘dual duplicity’ highlights from the reigns of Sir Michael Birt and perhaps the rudest, surliest Bailiff of them all -  William ‘Bailhache The Younger’ himself... 

* A fascinating account of the LLP saga is contained in Nicholas Shaxson's best-selling book 'Treasure Islands' - a tome I was chuffed to get a mention in myself.

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