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Work will start this year to review the island’s litigation directive, which is a piece of legislation that guides litigation involving the public service.
Questions about the States’ Directive on Litigation have been asked by Deputy Gavin St Pier, after it was revealed that police officers aren't considered States employees, but instead hold public office.
It’s another topic that has been brought to the surface amidst ongoing scrutiny over the way law enforcement utilise private law firms.
In response to a Rule 14 question in February, Deputy Rob Prow said:
"The judgement of Le Huray v States of Guernsey (2011) determined that police officers are not ‘employees’ but hold public office. Police officers may therefore face some civil legal claims directly."
In response, Deputy St Pier said:
“It is said, that the States’ Directive on Litigation ‘may be of less obvious application, perhaps, to the range of litigation that appears to be referenced in this question (civil litigation against individual officers or the BLE).’ That is clearly correct in the way the Directive is currently drafted, but it’s unacceptable. If taxpayers are on the hook for the costs, the Directive should apply. Period. I will be writing to P&R to request that they urgently review the Directive and make appropriate changes to remove this anomaly.”
He subsequently asked the Policy and Resources Committee if it'll revise the Directive on 'Managing Matters of Litigation with Committee Business' "to make clear that":
a. It is to apply to all matters of litigation in respect of which the States is financially exposed, including in respect of litigation costs borne on behalf of individuals holding public office?
b. It is to apply in circumstances where the States is indemnifying individuals (whether holding public office or otherwise) whether in respect of litigation costs or other liabilities such that, for example, the States shall retain the right to use such legal advisers as the States sees fit and settle any matter in any manner and at any time it sees fit?”
In response, the President of P&R, Deputy Lyndon Trott said:
“The litigation directive was originally developed with input and oversight of the Law Officers Chambers and applies to any litigation notified or being managed across the public service. The directive is due for review in 2024, and the Committee can confirm that this work will be undertaken during the second quarter of the year.”
The back and forth sat within wider questions on how many roles within the public service – including police officers – are deemed to be holding public office, instead of being employed by the States of Guernsey.
You can read the full Q&A ONLINE.
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