Code of Conduct complaint upheld

Thursday 28 February 2019

Deputy Sarah Hansmann Rouxel has been cautioned after a Code of Conduct complaint against her was upheld.

A member of the public made the complaint against her in July 2018, after she lost paperwork he had given her to pursue a line of enquiry for him in 2016, just months after she was elected to the States.

Pictured: Deputy Sarah Hansmann Rouxel was elected in April 2016. 

He claimed that Deputy Hansmann Rouxel had breached the Code in her responses to his request for assistance in December 2016, when he was trying to appeal the result of a States of Guernsey Tribunal.

He alleged that she had broken a number of parts of the Code of Conduct, which led to an enquiry by the Code of Conduct Panel which saw them agree she had breached the code.

Pictured: A parishioner alleged that Deputy Hansmann Rouxel had breached the Code of Conduct. His complaint has been upheld and she has been cautioned. 

Deputy Hansmann Rouxel gave a full written response to the complaint, and appeared personally before the Code of Conduct Panel to present her case. The complainant also did this, with the pair separately explaining how they saw the matter and what had happened.

The loss of paperwork belonging to the complainant was seen as a potential data protection breach. Deputy Hansmann Rouxel agreed she had been the 'data controller' in this situation as she had been given someone else's personal data. She was therefore responsible for the paperwork when it went missing and it has never been found. 

The Panel said it considered all of the evidence provided, both written and verbal, from the complainant and from Deputy Hansmann Rouxel herself, before finding 'the complaint substantiated and that that she had breached the terms of part of section 19 of the Code of Conduct for States’ Members, in respect of data protection legislation.'

In the Panel's findings, it said:  

“Members must, at all times, have regard to all relevant data protection, human rights and other legislation when dealing with confidential information and must be aware of the consequences of breaching confidentiality.”

The Code of Conduct Panel which oversaw Deputy Hansmann Rouxel's case included former politician Scott Ogier, who had nominated her ahead of the 2016 election and the Very Reverend John Guille who sat as Chair. 

Pictured: The Code of Conduct panel decided Deputy Hansmann Rouxel had breached part 19. 

The panel said the complainant made a number of complaints against Deputy Hansmann Rouxel which couldn't be upheld. It was only the breach of part of section 19 which was agreed by the panel.

The panel said:

"Members must at all times have regard to all relevant data protection, human rights and other legislation when dealing with confidential information and must be aware of the consequences of breaching confidentiality.

"We think this case falls under rule 32 in that although we find that the complaint has been substantiated, the nature of the breach of conduct is such that it can be disposed of by cautioning Deputy Hansmann Rouxel. If such caution is accepted, a report of our decision would then be forwarded to the presiding officer and to her Majesty’s Greffier so that the report can be made available to members of the public."

The Investigation Panel said the breach of conduct was of a minor nature. Deputy Hansmann Rouxel accepted the caution and the matter has officially been closed.

Deputy Hansmann Rouxel made a statement to the States this afternoon, which can be read in full here.