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Medical professionals fear the precedent that would be set if Deputy Gavin St Pier went unsanctioned for a code of conduct breach surrounding his naming of a doctor in debate.
Members will decide next week whether Deputy St Pier should be formally reprimanded for comments he made in the Assembly during a debate on 27 April 2022 in which he named Dr Sandie Bohin.
The British Medical Association is the latest to call for action, following similar sentiments expressed by the Medical Specialist Group - they both submitted the original code of conduct complaints along with Dr Bohin.
“The BMA are reassured the Appeals Commissioner has agreed that Deputy St Pier breached the Code of Conduct for States Members by naming Dr Bohin during his speech in 2022,” the BMA executive committee said.
“The consequences of this breach have been profound. Most importantly on Dr Bohin. The Commissioner acknowledged the significant suffering both professional and personal that Dr Bohin has endured.
“In addition to this, whatever the motives of the Deputy’s breach, his actions have had a negative impact on the local safeguarding process and has left the medical profession dismayed for their colleague, and apprehensive about the precedent set if this action is allowed to go unreprimanded.”
The BMA, on behalf of its members, asked the States to acknowledge this impact and urged them to consider the implications of their decision.
“To name a doctor in parliament, with full knowledge of the impact that would have on their professional standing and well-being is reprehensible and, without precedent.
“The population of Guernsey rightly demands high standards from its’ medical service and expects accountability. The local governance structure supports patients and holds medical professionals to account. In this case despite those processes being followed Dr Bohin’s reputation was attacked.
“Guernsey’s ability to recruit and retain medical professionals is contingent on them being afforded reasonable protection against this sort of personalised attack conducted without right of reply in the island’s parliament.
“We hope the States of Guernsey can show accountability in this matter and reassure the local medical profession."
The BMA comments were made with support from Primary Care.
In April 2023 a Misconduct Panel found breaches covering six aspects of the States members Code of Conduct.
Deputy St Pier appealed those findings on 21 July 2023 alleging that there were procedural irregularities, and factual inaccuracies in the investigation panel process, considerations, and ultimately findings.
These were dismissed by the Appeals Commissioner.
“The Panel stated in their report that they considered the breaches ‘serious’ and while they did not make a finding that Deputy St Pier deliberately misled the States and indirectly the public, they commented that ‘his statements were seriously and fundamentally misleading in several aspects,’ Martin Jelley said in his report.
“Given the seriousness of the breaches, the Panel concluded a caution was not an appropriate sanction as it was geared at minor not serious breaches of the code.
“They settled on the more serious sanction of formal reprimand. I have again considered the breaches, the mitigating and aggravating factors, and the impact on Doctor Bohin, which I believe has been considerable.
"I have considered if a suspension is a more appropriate sanction. Having given this matter careful thought I have concluded that whilst the breaches are serious, and the impact on Doctor Bohin is undoubtedly significant, in the circumstances it would be disproportionate to increase the recommended sanction which will therefore remain at formal reprimand.”
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