Scrutiny rolls the dice: "It's a Tribunal or nothing"

Wednesday 12 February 2020

After months of being stymied in its pursuit of an independent review into a controversial Education appointment, Scrutiny is going all in for an investigation backed by full legal powers.

Education, Sport & Culture will be challenged on two fronts at the 26 February States meeting, after the Bailiff added Scrutiny's second call for a Tribunal of Inquiry into the appointment of Clare Sealy to the schedule at this month's meeting.

If the current order of business is followed, ESC will first have to try to fend off a requête calling for a "pause and review" of the Committee's proposals for one school over two sites. 

Later in the meeting, Scrutiny will launch a renewed effort for a Tribunal of Inquiry into the controversial appointment of a Head of Curriculum and Standards. 

Pictured: ESC will also be trying to defeat a requete against its one school plans at the coming States meeting.

Data protection and the refusal of some key staff to allow their information to be published have left the Scrutiny Committee with its hands tied. 

"This has been going on for months and months," Committee President Chris Green lamented. "Despite our best efforts, we have not been able to obtain complete access to information and documents in unredacted form."

"The real barrier to Scrutiny in this process has been data protection and the fact that several key players have not given their consent, which means we cannot publish their information or refer to it in a public hearing."

"Since the States said no to a Tribunal of Inquiry in September, we have pursued an independent review in good faith, but I think the time has come that Scrutiny calls it like it is rather than continuing with something that is not fit for purpose."

"What people want from this process is a full and frank report that sets out the facts of what happened and a statutory Tribunal of Inquiry is the only way to do it."

The bid for funding was rejected by the States last time, however Deputy Green believes the new policy letter will be more successful than its predecessor given what has happened - or what hasn't happened - since.

"I have had some representations from Deputies who voted against it last time but, having seen what has happened subsequently, feel differently about it now," he said.

Pictured: The review aims to find out what role Deputy Matt Fallaize played in the recruitment of Clare Sealy, Head of Curriculum and Standards for the Bailiwick. 

"The other change is the financial outlay, as last time lots of Deputies had concerns over what the cost of this would be."

His committee believes a Tribunal of Inquiry will cost about the same as the £150,000 they have been quoted for an independent review.

"It is not good value for money to spend £150,000 on something that is ineffective and doesn’t satisfy anyone, when you could spend that amount on something that will be effective.

"Commissioning an independent review is just not going to cut the mustard and it’s now a binary choice between doing a Tribunal of inquiry or not doing anything."

If an inquiry is approved, Deputy Green believes the tribunal could be held and its findings produced before the next general election.