Wednesday, 19 May 2010

SCRUTINY SCRUTINY CULTURE and NO OBLIGATIONS in sight….


We all know that Jersey has an obsession with money. So it should come as no surprise when a Public Accounts Committee Scrutiny Panel looked today at the Jersey Heritage Trust and discussed little else.

Apart from a few references to Marilyn Monroe and a failed plan to bring (fellow American) John Singleton Copley’s painting of the 1781 Battle of Jersey here, there was very little mention of specific artistic or cultural activities at all.

Of course, the Heritage Trust is bust and we would hardly expect a room full of accountants and business worthies to be too concerned with the needs of local artists, composers, actors, dancers, writers, musicians, historians, designers and others.

That the artists and all were absent from the meeting also says a lot about Jersey too. But how ironic that it took place in the Blampied room of the States Building with pictures of Jersey’s greatest 20th century artist hanging ominously over the proceedings.

None of this lot had presumably been collecting vraic recently – or ever?

Just for the record, Senator Ben Shenton chaired the meeting with colleagues Senators Breckon and Perchard and Constable Refault.
Mario Lundy (Director ES and Culture), Nick Danby, Jon Carter and Clive Jones (JHT) answered their questions and several more men in suits also sat around the table and interjected about money matters from time to time.

Women did not participate - except as secretarial scrutiny officers.

Also absent was any mention of international obligations with regard to culture. No great surprise there – but in two and a half hours surely somebody could have acknowledged Jersey’s supposed commitments under the UN Covenant on Economic, Social and Cultural Rights (ICESCR)? Had nobody ever heard of it?

According the Jersey’s 5th Report under ICESCR to the UN in 2007;

“The adoption of the Cultural Strategy commits the States of Jersey to a strategic approach to the encouragement of cultural activities.”

Unfortunately, as the discussions sadly revealed, the infamous Cultural Strategy document was just so much eye wash. There was no money to back up the grand ideas and the lack of commitment to the arts for arts sake was everywhere apparent.

Even the UN must be despairing of Jersey’s failure to incorporate ICESCR into local law as it has requested (Jersey has promised to keep the matter under review!). Nevertheless, the UN has advised that even without incorporation, Jersey has an obligation to comply with it and “to give it full effect in the domestic legal order.”

Jersey has conceded that it is an international obligation and will be taken into account by courts of law (see Benest v Le Maistre JLR 1998 p 213 C of A) and “in addition the States of Jersey will not enact laws which would put the island in breach of its international obligations.”

Jersey has also promised the UN that;
“Jersey government takes this Covenant into account in the formulation of legislation and policies that bear upon economic, social and cultural rights.”

Somebody should tell Senator Shenton and his team.

Anybody interested in reading Jersey’s 5th Report to the UN can find it lodged between the Reports from Guernsey and the Isle of Man by Googling the link on gov.je un report icescr. (Jersey’s report is on pages 335-397).

The next report from Jersey is due soon. NGOs and other groups are supposed to be encouraged to participate in its preparation!
We wonder what whoppers will be told to the UN and the people of Jersey this time?

Submitted by Thomas Wellard.

Tuesday, 4 May 2010

Stuart Syvret Returns.

Today saw the unexpected return of former Senator Stuart Syvret. Immediately after his arrival at Jersey Airport he was arrested airside so kept from the waiting media “accredited” and “unaccredited”. He was taken directly to the Magistrates Court for a special hearing where he was released on bail after refusing to stand on his feet for Assistant Magistrate Bridget Shaw, even after being warned he could be in contempt of court, to which he explained to Mrs. Shaw that he has nothing but contempt for the court.

Team Voice secured an interview, where we believe the “accredited” media were declined an interview despite their protestations.

As you will see in the (exclusive) video below, Team Voice will be interviewing the Senator, ex Senator, Mr. Syvret in-depth and exclusive to Citizens Media in the coming days.

Wednesday, 21 April 2010

COMPLAIN!!!!!! You must be on re-play……


That annual Report of the past 12 months Complaints Boards has been published again by Constable Gallichan’s lack lustre PPC.

For an island with a population of over 92,000 people there were just 15 complaints against government mal-administration in the whole year of 2009!!!!!!!

Of those ONLY 3 complaints were upheld!!!!! Who are we kidding?

With all the discontent in Jersey about so many aspects of our government administration are we really supposed to believe that only 3 people had justifiable grievances in 12 months?

Look here – last year we published several blogs about this very same subject (see voiceforjersey June 3rd and 4th 2009) and responses from Deputies Bob Hill and Roy “the fence” Le Herissier.

We at The Voice also undertook a great deal of research into the subject and attended Complaints Board hearings and we submitted our own complaint against the unhelpful and discriminatory policies of the Chairman’s Committee of Scrutiny. This was not even allowed to be heard because that Committee is exempt – like so many other bodies in Jersey – from Complaint Board examination.
We cannot allow scrutiny of scrutiny!!!!!

As we reported before – in little Gibraltar with a population of just 28,000 – their equivalent (Ombudsman) Board receives over 400 complaints per annum and they uphold about 50 out of the 100 that receive a full hearing.
The main areas of maladministration in Gibraltar, according to their Board are;

“Bias, neglect, inattention, delay, incompetence, inaptitude, perversity, turpitude, arbitrateness…..”

In the UK about 35% of complaints are upheld each year by the Government Ombudsman and there are several different specialist Ombudsman offices to receive specific complaints on such things as Local Government or Insurance (which should be very busy following the Icelandic volcanic ash).

In other places the Ombudsman will take up complaints without even being asked and will prosecute if necessary to achieve a satisfactory conclusion.
Our Complaints Board procedure is a disgraceful farce that won’t (according to Chairperson Carol Canavan – a Jersey Lawyer) even consider human rights violations!!!!!

We recently attended the two latest 2010 Complaints Boards – one versus the Planning Department and the other regarding the States Pension scheme.

These are supposed to be public hearings – but they are not advertised in advance and the “accredited” Jersey press hardly ever attends but waits for the official, ready prepared official “press release” before reporting anything.

We at The Voice have to make enquiries even to discover when Complaints Boards are due to take place – the Greffe will not tell us in advance.
In Gibraltar they give out details to the public on the street!

Thanks heavens Deputy Monty Tadier has had the sense to resign from the absurd PPC farce – but shall he be re-energised now to tackle this Complaints Board disgrace and the other 1001 issues that need addressing in this “paradise island”?


Submitted by Thomas Wellard.

Saturday, 3 April 2010

JCLA Press Release.

The Jersey Care Leavers Association have issued the following Press Statement. Which is a stark reminder to us all that REAL people have suffered REAL atrocities whilst in the “care” of our government.

The one’s that are fortunate enough to still be with us, and the families of those who aren’t, carry on living this nightmare on a daily basis and deserve recognition and not least JUSTICE and AN APOLOGY.

To Carrie and the JCLA. The “good” people of Jersey recognise your suffering, even if we are not capable of comprehending the true extent of it.

I am sure Lenny Harper, his dedicated team of professionals and CPO Graham Power appreciate the full support of the Care leavers.



Press Release

From Jersey Care Leavers Association
For attention of Newsrooms
Dated: 2nd April 2010…For immediate release and action
Issued by: Jersey Care Leavers Association


2nd April 2010.

Over the past couple of weeks the subject of the suspension of the Chief of Police Graham Power has once again been prominent in the headlines and on the radio with conflicting reports.

Naturally, this impacts once more on all the care leavers who have been, and still are, part of the Abuse enquiry who are continually subjected to innuendo, doubt and having to re-live periods of their life that they would prefer to put behind them.
Until this whole Abuse enquiry, and Mr. Power’s suspension are finalised our emotions are once again brought to the surface, discussed in the media and furthermore ridiculed by our Home Affairs Minister on last Sunday’s BBC radio Jersey’s talkback programme when suggesting that 65 teeth ‘accidentally’ fell through a gap in the floorboards at Haut de la Garenne, a flippant remark which does not sit well with a lot of the Care Leavers and the general public.

Contrary to what has been suggested at no time were we given false hope of convictions by Lenny Harper and his team. We were invited to come forward with information as part of the ongoing investigation, and at all times were treated with dignity, respect and understanding in our dealings with the investigation team at that time. It is indeed due to the sympathetic manner we were dealt with that we felt at ease talking with this team, and thanks to that, some convictions have taken place.
It is indeed unfortunate that the resurfacing of the media publicity surrounding Mr Power’s suspension which now appears to relate to the historic abuse enquiry handling, has led to yet more trauma for the survivors.

May we request some respect for our feelings in this matter not only from the media, but from some politicians who make light of some of the evidence when asked for an opinion.

We have suffered greatly as it is – we do not deserve to suffer more.
Furthermore, we now have in the public domain the findings of the independent review enquiry by the JCPC which has highlighted a shocking case of abuse and neglect within a family situation which was allowed to continue for 12 years. This was due to a failure, lack of communication and action by all the agencies involved. A damning indictment indeed which would make us query how many other abuse cases have been handled in the same manner or glossed over.
Concerns over the failings and the failed were highlighted by Senator Stuart Syvret some time ago, and as a consequence he was sacked from his position as Health Minister in 2007
.
What does this say about our Government and the agencies concerned?
Likewise, when Senator Alan Breckon brought forward a proposition for an enquiry into child protection last year it was heavily defeated, and furthermore two former Health Ministers voted against it.

Again, what does this say about our Government?
We support wholeheartedly Senator Alan Breckon’s call for an enquiry and debate into the management of Health and Social Services and would ask all States Members to support this course of action, which is imperative to re-assure us that lessons have been learnt and will be acted upon.
Is this too much to ask?
Carrie Modral
Jersey Care Leavers Association

Wednesday, 31 March 2010

Bring back P145/2009

In early March 2009 Senator Alan Breckon, Deputies, Roy Le Herissier Trevor Pitman and Geoff Southern formed a Scrutiny Sub Panel to look into the “care” of vulnerable children administered by our States.

The sub panel soon become aware that not all was well, and in particular there were, how shall we put this? “failings” “misgivings” “malpractice” “short comings”? perhaps incompetence, cover up, corruption, and total neglect of our children might be too strong a phraseology but perhaps shouldn’t be ruled out.

So concerned were the sub panel that after some 18 - 20 weeks of taking testimony and collecting data that they felt it necessary to bring a proposition to the States (P145/2009) asking for a committee of enquiry to look into the management at Health and Social Services. They believed our most vulnerable children had been “avoidably” horribly failed by these people. But guess what? THIRTY of our States members didn’t want this to happen, that is THIRTY people who believe they are voting how we, the electorate, would like them to vote. I shall list the THIRTY below. Needless to say the proposition got defeated.

Subsequently the Jersey Child Protection Committee (JCPC) conducted a Serious Case Review (SCR) on a particularly troubled family. I believe, and stand to be corrected, that the SCR was forced upon the JCPC by the family’s Lawyer, Advocate Tim Hanson. The report that followed was nothing short of DAMMING and SCATHING of just about every department, and more, that deals with, not only “vulnerable” children, but children in general - as well as our Law Offices and one, as yet unnamed (unaccountable) Judge.
The full JCPC SCR report can be read here, and again it is another one of those documents that doesn’t make for comfortable reading.

Senator Alan Breckon must be encouraged to submit P145/2009 again, the people (highly paid Civil Servants) and others, that so tragically failed this family, and possibly many other families must be held to account.

Below is an interview with Senator Breckon, although it must be remembered that Deputies Southern, Le Herissier and T. Pitman also put the best part of twenty weeks work into trying to unearth who or what allowed this tragic, unforgivable and avoidable chain of events to occur.

Although, as things stand it looks like our elected “representatives” and in particular Education Minister Deputy James Reed and H&SS Minister Deputy Ann Pryke, are not going to hold any of their Civil Servants to account. So we as voters, must make sure these elected “representatives” are held to account at the Ballot Box in the next elections.



Senator Terence Augustine Le Sueur
CONTRE


Senator Paul Francis Routier
CONTRE


Senator Philip Francis Cyril Ozouf
CONTRE


Senator Terence John Le Main
CONTRE


Senator Ben Edward Shenton
CONTRE


Senator Frederick Ellyer Cohen
CONTRE


Senator James Leslie Perchard
CONTRE


Senator Alan John Henry Maclean
CONTRE


Senator Bryan Ian Le Marquand
CONTRE


Connétable Kenneth Priaulx Vibert
CONTRE


Connétable John Le Sueur Gallichan
CONTRE


Connétable Daniel Joseph Murphy
CONTRE


Connétable Michael Keith Jackson
CONTRE


Connétable Graeme Frank Butcher
CONTRE


Connétable Peter Frederick Maurice Hanning
CONTRE


Connétable Leonard Norman
CONTRE


Connétable John Martin Refault
CONTRE


Connétable Juliette Gallichan
CONTRE


Deputy Robert Charles Duhamel
CONTRE


Deputy John Benjamin Fox
CONTRE


Deputy Judith Ann Martin
CONTRE


Deputy James Gordon Reed
CONTRE


Deputy John Alexander Nicholas Le Fondré
CONTRE


Deputy Anne Enid Pryke
CONTRE


Deputy Sean Power
CONTRE


Deputy Kevin Charles Lewis
CONTRE


Deputy Ian Joseph Gorst
CONTRE


Deputy Philip John Rondel
CONTRE


Deputy Daniel John Arabin Wimberley
CONTRE


Deputy Edward James Noel
CONTRE








 
 
 
 
 

Sunday, 14 March 2010

A credible fictitious story?

Today Sunday the 14th March 2010, our Chief Minister, Senator Terry (P9-26) Le Sueur, along with Deputy of St Marin Bob Hill were “live” guests on our local weekly Radio Show “Talkback”.

The subject matter was “who is running Jersey, the Civil Servants, or the Politicians.”

One member of the public who phoned into the show was a member of Team Voice. Where he put it to Senator Terry (P9-26) Le Sueur that the Civil Servants are running the island, and in particular, the Head Civil Servant Bill Ogley.

The Team Voice member went on to explain, that no less an authority than our most Senior Police Officer, had sworn an affidavit claiming that Mr. Ogley had been involved in engineering the dismissal of a democratically elected member of our parliament namely the (then) Health and Social Service Minister Senator Stuart Syvret. Indeed CPO Graham Power had this to say in his Affidavit.

“I attended a meeting of the Corporate Management Board (C.M.B.) This is a body which brings together the heads of the islands public services to discuss policy issues and provide collective advice to Ministers.

T he feeling in the room was tense and there was general talk about the questions asked by the Health Minister and the need for some sort of action in response. I had the feeling that “something was going on” to which I was not a party. After the meeting the Chief Executive, Bill Ogley, asked me to stay behind. Also remaining were the head of States H.R., Ian Crich, the Chief Officer of Health, Mike Pollard and the then Chief Officer of Education, (Tom McKeon who has since retired.) The Chief Executive said that it was anticipated that the Council of Ministers would tomorrow be asked by the then Chief Minister, Senator Frank Walker, to pass a vote of “no confidence” in the Health Minister and that this could result in his removal from office. I was then told of measures that had apparently been put in place to facilitate this. I was told that the islands Child Protection Committee (C.P.C.) was due to meet at the same time as we were meeting and that arrangements had been made for it to pass a vote of “no confidence” in the Minister. It was then suggested that as the heads of the relevant public services we should do something similar and that this would give support to the proposal that the Chief Minister would bring forward the next day.

I was shocked by this and initially did not know what to say. I eventually made two points. Firstly I said that the Minister was entitled to ask difficult questions. As I saw things that was his role and it was our role to provide a response, and secondly, even if that was not agreed, what was being proposed was civil servant and police engagement in political activity. I stated clearly that I did not see that as acceptable and that I would have nothing to do with it. At this point the Chief Executive asked me to leave the meeting which I did. I then made contact with a police colleague who had been at the C.PC. and discovered that this colleague had also had left their meeting for similar reasons. Shortly afterwards we both made brief notes in relation to what had happened. This was my first noteworthy experience of the formation of an “inner circle” of politicised senior civil servants loyal to the Chief Minister. The Chief Executive and the head of H.R. subsequently played a significant role in my suspension.”

Let us remember, this is a sworn affidavit submitted voluntarily, should there be any falsehoods contained in it the Chief Police Officer risks a perjury charge.

The Team Voice member went on to explain to our Chief Minister that contained within the same affidavit was an allegation from CPO Power that the Chief Executive Officer Bill Ogley had stated if “they” (presumably the police?) wanted to “get” a fellow Civil Servant who was a suspect in the ongoing historical child abuse investigation, (and remained in post, not suspended as a neutral act) then they would have to “get him first” (Bill Ogley). Chief Police Officer Graham Power had this to say in his affidavit.

“The third example I have chosen relates to a Strategic Planning Workshop held at the St Pauls Centre on Friday 24th October 2008. The Workshop was attended by a number of senior public servants including myself and the Chief Executive. At the commencement of the workshop the Chief Executive asked for silence and said that he had an announcement to make. He named a senior civil servant who was present. The person named is a suspect in the abuse investigation but has not been suspended. The Chief Executive said that the suspect had his total support and that “if anyone wants to get…….(the suspect)…….they would have to get me first”. This announcement was applauded by some but not all of the persons present. I took it as a further indication of the “in crowd” closing ranks against the “threat” of the abuse enquiry. The Chief Executive later played a significant role in my suspension.”

The Chief Minister replied by saying he hasn’t seen any evidence to prove any wrong doing by his Chief Civil Servant, and his Chief Civil Servant has denied the claims, and he (the Chief Minister) has every confidence in Mr. Ogley.

So this is how things work over here in good old Jersey. Our most senior ranking Police Officer, swears an affidavit that the most Senior Civil Servant has been involved in, what most would consider to be “illegal” and anti-democratic activity. The Senior Civil Servant denies it and that’s good enough for our Chief Minister. No investigation or inquiry into the claims made in the affidavit, there’s no need the Civil Servant has denied it, nothing more needed.

I believe it was Lenny Harper who first used this quote and it sums it up really and that is you couldn’t make up a credible “fictitious” story with this stuff.
For those who would like to view Chief Police Officer Graham Power’s Affidavit in its entirety click HERE

Thursday, 25 February 2010

What a difference a Child Abuse Investigation makes.

Back in early 2007 (not sure of the date) Chief Police Officer Graham Power and Deputy Chief Officer Lenny Harper were “the good guys”. They were rooting out the corruption in our “outdated” Police force and according to the Jersey Evening Post “ It goes without saying that in the police - beyond all other institutions - there is no room whatsoever for corruption or malpractice. If the professional standards section of our force determined that it was necessary to act with exemplary firmness, its stance deserves support rather than criticism.”

Below is that editorial published in, and by, the Jersey Evening Post early in 2007 where one would believe, after receiving glowing reports from Her Majesty’s Inspectorate, Lenny Harper and Graham Power were doing this right. This appears to be endorsed by the Jersey Evening Post, hence their “positive” Editorial.

But along came a Child Abuse Investigation, and these two cops who had received glowing reports from HMI and others also the support of the Jersey Evening Post - before you know it - they’re the bad guys! Come on JEP you can’t have it both ways, at what point did they lose your support, when was it that they went bad?

Everything all seemed Hunky Dory until these guys started investigating institutional Child Abuse.

I should like at this point to throw out a challenge to the Jersey Evening Post.

In their Editorial of February 23rd 2010 (below) they have written “One is that Mr Power’s deputy, Lenny Harper, was not effectively supervised as he pursued with ever increasing public zeal his unsubstantiated suspicions that torture, murder and institutional cover-up had taken place at the former children’s home.”

Could you please point us in the direction where Lenny Harper has ever said there was any “murder” at HDLG?

JEP Editorial from 2007.

Police Chief delivers change.

Six years ago the States of Jersey Police were the subject of a less than flattering report compiled in the wake of a visit by Her Majesty’s Inspectorate of Constabulary. Since then, problems clearly have been solved and new standards have been set, the latest HMI report

having described the force as “modern and fast-moving”.
Police Chief Graham Power and his officers can be proud of this achievement. In common with forces up and down Britain, the States Police are a complex and many-layered organisation. Accomplishing the turn-around of the past six years can therefore, have been no easy undertaking. Nor can it have been particularly pleasant. The process of major change is always likely to upset those set in their ways or content to roll along in accordance with comfortable but outdated routines.

This process of transformation was undoubtedly at its most challenging when the professional standards department, led by Mr. Power’s deputy, Lenny Harper, embarked on a systematic programme to root out corruption. Mr. Harper’s determined efforts have been attacked - to the extent that they have been described as “out of control” by a prominent former politician - but the result of the latest HMI inspection would seem to justify the decision to probe as deeply as possible and to remove those officers who were less than a credit to their uniform.
It goes without saying that in the police - beyond all other institutions - there is no room whatsoever for corruption or malpractice. If the professional standards section of our force determined that it was necessary to act with exemplary firmness, its stance deserves support rather than criticism.

There are, of course, areas of the force where improvements can still be made. Indeed, the inspectorate has listed 78 suggestions for further change. With the combination of improved morale, high levels of confidence in the top echelon and firm political support, Mr. Power and his colleagues are in an excellent position to deliver that change.
We in Jersey are fortunate to live in a community where serious crime is mercifully rare. While important questions remain over the failure of the States to establish a new police authority , the force itself is organised and led in a way more than capable of maintaining this happy state of affairs.

Mr Power: Time to call a halt
February 23, 2010 – 3:00 pm

ALMOST exactly two years since the name of Haut de la Garenne hit the world’s headlines, Jersey is still dealing with the fall-out.

The ramifications of how the police and politicians handled that dramatic escalation of the Island’s historical child abuse inquiry will once again tax the wisdom of States Members this week when they debate Deputy Bob Hill’s call for a committee of inquiry into the suspension of States police chief Graham Power.
We may never know precisely what arguments he will make because the debate is to be held in private, but they will need to be powerful ones to justify the protraction of an already extensive examination.

There seems to be little, if any, doubt over the two key points. One is that Mr Power’s deputy, Lenny Harper, was not effectively supervised as he pursued with ever increasing public zeal his unsubstantiated suspicions that torture, murder and institutional cover-up had taken place at the former children’s home. The other is that in suspending Mr Power because of that failure of oversight, the powers that be slipped up in one or more parts of the procedural minefield that now surrounds employer/employee relations in Jersey.
Unequivocally damning evidence in respect of the first of those points has already been presented by the States police’s own review of the conduct of the abuse inquiry, carried out by a suitably qualified senior officer from the UK. More expert comment on the whole affair is due soon from the Wiltshire Constabulary, who have been commissioned to take a further independent view.

Meanwhile, Chief Minister Terry Le Sueur has offered a review of the way Mr Power’s suspension was carried out. All this has already taken longer and cost more than is reasonable, with the delay providing a field day for conspiracy theorists in the process.In reaching a decision this week, the States will have to balance a number of tricky questions, including, crucially, what is fair to Mr Power but also what is fair to Jersey and to the taxpayer.
Mr Power has been suspended for more than a year. He is now near retirement and, one way or another, will undoubtedly leave Jersey well rewarded for his ultimately disappointing time in the Island. There is, nevertheless, understandable sadness that a dedicated, respected police officer who has given long and distinguished service should find himself in this position at the end of his career.

Depending on one’s point of view, that sympathy will either be diluted or reinforced by the knowledge that Mr Power and Mr Harper co-existed as two sides of a triangular relationship with a weak Home Affairs Minister in former Senator Wendy Kinnard.
From any perspective, though, there is strong evidence that Mr Power has largely brought his troubles on himself through his failure to control Mr Harper. For that reason Deputy Hill, himself a former Metropolitan Police officer of the old school, will have a hard task convincing the States that there would be any overwhelmingly important purpose served by dragging out this whole grim process even further.