States complaints review to go ahead this year

Sunday 10 March 2019

Two of Guernsey’s politicians are trying to get a review of the way complaints against States Members are handled back on track.

The project had been put on hold by the States Assembly and Constitution Committee (SACC) while they looked at island-wide voting, in time for the 2020 deadline, instead.

But now Deputies Jennifer Merrett and Jonathan Le Tocq have agreed to form a Panel to get the review moving during the second half of this year. Between April 2012 and 2016, there were 16 complaints lodged with the States Code of Conduct Panel. 12 were dismissed either over a lack of evidence, or the Code of Conduct Panel decided the Deputy in question had not actually breached the Code.

Deputy Le Tocq became a member of SACC at the end of last year after the previous committee stepped down following the island-wide voting result. 

Three complaints were withdrawn by the complainant, and one was upheld. That complaint, against former Deputy Mike Hadley led to a formal reprimand by the Bailiff. Mr Hadley had released a confidential report on the Accident and Emergency Department at the PEH, by emailing it to his fellow deputies. That was before GDPR was introduced, but it was still considered a serious breach of the States Code of Conduct.

The States of 2016 to 2020 have already seen more complaints upheld. Since April 2016, there have been 11 complaints made against States Members, or 12 if you include a second Code of conduct complaint lodged by deputy Dawn Tindall against Deputy Neil Inder in a matter of days. 

Eight of those have been dismissed either over a lack of evidence, or the Panel ruling the Code hasn’t been breached.

Two have been upheld with cautions being issued – they were against Deputy Jan Kuttelwascher for comments he made during the States debate on assisted dying; and Deputy Sarah Hansmann Rouxel, who lost documents given to her by a parishioner.

The Code of Conduct Panel has yet to decide if there is merit in either of Deputy Tindall’s complaints against Deputy Neil Inder. While she has chosen not to comment until after the Panel has done its work, he has said the first complaint centres on comments he made about Visit Guernsey during a radio interview last month; the second on comments he made during a radio interview on the same subject this month. 

In his role as President of the States Assembly and Constitution Committee (SACC), Deputy Inder is actually responsible for a review of the way complaints against States Members are handled.

The review of the Code of Conduct was launched earlier in this term of office by former SACC President Deputy Peter Roffey. It initially went out to public consultation, but just five people responded.

Pictured top: Deputy Jennifer Merrett