The deputies who make up Education, Sport & Culture say they have disclosed all their own documents relating to the controversial appointment of Guernsey's Head of Curriculum and Standards earlier this year, and that it's not their fault the Scrutiny Management Committee, which wants to see them, hasn't yet been able to.
ESC says Scrutiny has to give them the name of an individual who can receive all of the disclosed emails, notes and other documents in an unredacted form, but that step apparently hasn't yet been taken.
That is a requirement of the data protection law, as it would protect the ESC Committee and the education employees involved in the recruitment scandal.
Pictured: Clare Sealy was appointed to the newly created role of Head of Curriculum and Standards, but the way she was appointed raised a number of concerns.
Although 'all members of the Committee have given their unqualified permission for the information they hold to be used' for Scrutiny's review of the situation which led up to Clare Sealy's appointment and relocation to Guernsey, nothing else can be done until this criteria is met, according to ESC President, Deputy Matt Fallaize.
“Since the SMC announced its review we have been eager to provide everything we hold and to redact or omit nothing. The week before last I wrote to the President of the Scrutiny Management Committee, Deputy Chris Green, asking him to identify an officer of the SMC or a reviewer to whom our full set of unredacted papers could be provided.
"The SMC has not yet identified how this could be done in a way which is lawful and in particular does not breach data protection legislation or the employers' duty of confidentiality to employees."
Pictured: Deputy Matt Fallaize is the President of the Committee for Education, Sport and Culture.
Deputy Fallaize said to try and speed the process up, ESC gave over its documentation, but has since been told the paperwork does need to be redacted meaning it is now in the hands of the Law Officers so that can be done.
“..., mindful of the SMC’s deadline for the papers to be submitted, we provided them to officers at the Office of the CfESC and to the Law Officers who are completely independent of the Committee. The lawyers’ advice is that the papers need to be redacted because some participants – not members of the Committee but others – have not given permission for their personal data to be disclosed for the purposes of the SMC review. Therefore the Law Officers have kindly offered to work through our papers and make the necessary redactions so that we can at least submit everything we hold in a lawful way even if at the present time the SMC can’t advise us how to submit them in an unredacted form.
“We hope to receive the redacted papers imminently and then we will submit them to the SMC, but we will still work with the SMC to try and find a way of submitting them in an unredacted way. We have nothing to hide and we would rather every word of every email and every document be available to the SMC’s reviewer. If a way can be found to do this we can provide the unredacted papers immediately because they have been held at the Office of the CfESC for nearly two weeks.”
Pictured: Deputy Chris Green is President of the Scrutiny Management Committee.
Scrutiny had said it was keen to get started on its independent review of the recruitment scandal but that it couldn't until it received the relevant documentation from ESC.
SMC says the information received will all be passed to its appointed external reviewer who will examine the information in order to assess whether it is 'sufficient to allow a meaningful independent review of the appointment of the Head of Curriculum and Standards to be done'.
The information from ESC will be passed on to the external reviewer when it is received and then the work should get started within the next few weeks at a cost 'that will not exceed £25,000'.
Pictured: Deputies Matt Fallaize and Chris Green.
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