Transparent? Yes...but States won't release emails

Friday 19 October 2018

Emails between Guernsey's senior civil servants and politicians and their counterparts in the UK won't be released, as it could "set a precedent with potentially severe repercussions for inter-government dialogue."

Deputy Gavin St Pier has responded to requests for documents relating to the potential settlement of refugees in the island, which included conversations between high ranking officials.

It relates to discussions held in 2016, when the UK agreed to receive a number of refugees as the crisis in war torn Syria escalated.

At that time there was some public support for Guernsey to also accept refugees but the decision was made that it could not happen.

Pictured: Part of the statement released in February, 2016, explaining why Guernsey could not accept any refugees.

At the time the Policy Council said Guernsey was not "able to participate in the UK Government's Syrian Vulnerable Persons Relocation Scheme" as the island's infrastructure couldn't meet their needs.

Former Deputy Tony Webber had led the efforts to get correspondence relating to these discussions released, through an Access of Public Information Request in Guernsey, a Freedom of Information request in Jersey and through the UK Home Office too.

The States of Guernsey told him it was a matter for the UK to respond to.

The infamous politician was involved with a challenge against the Home Office's decision to refuse to release the documents, which led to a First Tier Tribunal which has supported Mr Webber's efforts to get the documents released publicly.

Pictured: Tony Webber.

There are continuing efforts to try and block the release of the documents though, with the UK Home Office expected to make an application to appeal the decision later this year.

The States of Jersey has refused to answer some questions under its Freedom of Information Act, because of the ongoing court proceedings.

"However, this subject relates to live legal proceedings, involving other jurisdictions. We are therefore unable to release further information at this time as this is exempt further to Article 41 of the Freedom of Information (Jersey) Law 2011."

Pictured: Deputy Gavin St Pier. 

The President of the Policy & Resources Committee, has said the situation is much wider than it seems, with a risk of damaging future relations if private correspondence is released.

“The Policy & Resources Committee supports transparency," he said, "indeed the publication of our correspondence with the Prime Minister about Brexit is a prime example.  However, the Committee is concerned about the approach taken by the UK when considering the publication of official correspondence between our governments.

“This issue is not about these particular emails, but rather it is an important point of principle about how we do business – the release of correspondence such as this would set a precedent with potentially severe repercussions for inter-government dialogue.  

“It is also right that we seek to challenge misconceptions about the relationship between the Crown Dependencies and the UK.  We are not part of the UK and this matter relates to correspondence about issues which are domestic matters for Guernsey.  These are ongoing legal proceedings and it would not be appropriate to comment further.”