Comment: What hope for birthright?

Friday 12 April 2019

Former Deputy Graham Guille has written to Express about the most recent States meeting. He says most readers probably read about what happened, "yawned" and moved on, but in doing so, probably missed something important that ultimately, may have an impact on the lives of many an islander.

"To understand what is going on with the regulations governing the management of the population, one has to go back to events which occurred when the review of the population laws was first begun.

When the final shape of the new law was published it became abundantly clear why there was no interest in any document which proposed the protection of Islanders rights. While it is true the new 2016 population law retained a licensing system it is now apparent that its authors clearly sought from the outset to set aside any notion of protected status for local people in terms of housing and employment.

The new law was evidently intended to address two problems. One was about how Guernsey’s government satisfied the demands from the business community to easier access to seasonal and short term labour and the other, finding means of getting some of those living in what is termed the ‘Open Market’ out of a situation where they found they had property they could not sell and, under the existing laws, were unable to move into the ‘Local Market’ accommodation.

This much is apparent by an informed reading of the new law. Any reader of the 44 specific measures contained in the new population management law will struggle to find any mention or understanding of the needs of the local population anywhere in the document. 

In an attempt to save something from the removal of all protection for local people, along with my former Housing Board Colleague, Gloria Dudley Owen, I argued that locally born children at least should not be subject to the requirements of the new law in terms of the length of qualifying residence before achieving local citizenship. 

Pictured: Sir Charles Frossard House, the HQ of the States of Guernsey. 

The Assembly, recognising the wide support from Islanders for such a provision granted a qualified ‘Birthright’ as part of the new law. Given that this Island has a chronic shortage of affordable housing already, we felt that some form of protection was vital if Islanders were to retain any hope of ever having their own home. 

Since the new law has been in place there have been a number of amendments placed before the Assembly for approval, all of which have had the effect of further weakening the position of local home and job seekers.

I think it was in December last year there were a number of amendments approved by the Assembly which had the effect of allowing more ‘flexibility’ in terms of where license holders and non-local residents might live, i.e. by allowing access to the affordable end of the housing market. These proposals were, if I remember correctly, passed on the day without debate. 

Turning to the States debate of the 29 March last: The proposals the Assembly were asked to approve appear to have effectively granted a large number of those on short term licenses permanent residency, this on the pretext of uncertainty caused by Brexit. Also approved was an amendment which allowed greater freedom of access for those wishing to move to Guernsey from the other Islands in the Bailiwick. These were to all intents and purposes accepted as a job lot.

Express launched its physical paper in March 2019.

If the newspaper accurately reported events on the day there were a number of other issues raised in debate that should be of the greatest concern to any Islander. 

The first issue concerns the promised review of the working of the new law which we learn has now been delayed. This is concerning on a number of fronts. Many, including myself, had hoped such a review might be an opportunity for the whole community to reconsider the new law and hopefully persuade the Assembly to revisit some of its most damaging aspects. 

This clearly cannot happen if the review is to be delayed. Also, unless the review is open to interested parties to offer submissions it will be little better than a desktop exercise, taking place behind closed doors among a group of like-minded politicians. Not much prospect of change there then.

The second and perhaps more worrying development were the speeches from those who, while claiming they were totally against any form of discrimination clearly had no problems when it was the local resident who was being discriminated against. From what was said it became readily apparent that there were some in government who were very keen to revisit the new population law, intent on striking down the last few remaining rights of the indigenous Islander. 

The population law directly affects how people coming to Guernsey can find housing. 

These speakers evidently had no problems concerning the many Islanders who have found themselves overlooked in the competition for jobs and housing that are being given to those newly arrived in Guernsey. It should be remembered these individuals are often taking up roles for which both public and private employers are happy to pay removal costs, rent and mortgage subsidies and other benefits. Yet these speakers evidently sleep easy in their beds, well aware none of these benefits are available to local people. 

To be fair the new law made no bones about it. The previous housing and employment laws were all about trying to protect those on low income in our society from unfair competition for jobs and housing. 

The new law is all about managing the population for the benefit of the business community. This sector now even has a dedicated panel representing their interests advising those responsible for administering the population law. The argument being that this is because this is the part of our economy where jobs and wealth is created. This is fine if the jobs are going primarily to local residents looking for work and the businesses concerned are paying tax. 

What concerns many is that these jobs are increasingly seen as going to imported workers moreover the businesses who employ them, under the provisions of Zero/Ten are reportedly paying little or no tax. There also seems to be a growing number of members in the Assembly who appear to see Guernsey and those living in this community existing solely to service the ever increasing demands of the business community.

Mr Guille is concerned measures to protect local people's rights are all disappearing. 

From what was said during the March 29 States Meeting I think there is ample evidence to be concerned that an effort will soon be made to remove the last few measures of protection from local people. If I am right it will come before the end of this States term in 2020.

I think the first to go with be the hard won protection of the Birthright for locally born children. This will be sacrificed on the altar of perceived equality. From then on Islanders will have no more rights in the Island of their birth than anyone who moves here in future.

If the preferential terms being offered to those moving to the Island continues then Islanders will soon become second class citizens in their own land. They will increasingly find themselves second in the queue for homes and jobs which will be given to those their employers deem more worthy, more suitable or whatever. If those who move here change their mind they can always leave, having retained the right to live elsewhere, many Islanders of course will have no such right. 

Anyone who thinks all this is just scaremongering will not have long to wait to find out who is right. I suspect even now the speeches are being written, groupings of like-minded politicians are coalescing and calendars are being consulted.

In politics timing is everything. Where bad news is going to be released, timing is crucial. When something ‘unpleasant’ was to be brought to the Assembly efforts often seemed to have been made for it to be placed before the States on the last day of business just before a holiday break, preferably as late in the day as possible.

That way, with luck those members who are still in the Chamber, already in holiday mood, would agree to just about anything, just to get away. No one wants to get into a long protracted debate just before close of business and invariably such laws got nodded through. 

It will be interesting to see, if they are going to try to take away birthright from our children, this is how they may try to do it. 

If you are among those who think being a Guernseyman or woman still means something and like me are proud to be one, you had better get on to your deputy now and warn them to be ready for a fight, it may come sooner than you think."

Pictured top: Graham Guille. A shorter version of this letter also appears in this week's printed edition of Bailiwick Express.