Monday, 12 September 2016

My Election Reflection






Well, what an interesting month that was.


Firstly, let me thank the 3,518 people who came out to vote for me last Wednesday.

To have received such a huge amount of support from people of all walks of life across the whole Island and to have come so close to winning is a huge honour and I think is a demonstration of how badly the Council of Ministers has lost the public's support and how many people across the Island are now treating Reform Jersey as a legitimate player in Jersey politics who they trust more and more as time goes by.

I congratulate Sarah Ferguson on her victory and look forward to working with her on the policy areas which we share, including stopping the introduction of stealth taxes. Reform Jersey has propositions down to both stop the stealth taxes and, if those are unsuccessful, to ensure the rates are progressive and the burden is spread fairly to high earners, rather than purely squeezing Middle Jersey.

The bookies initially had me down to come 4th or 5th. They also had me down to lose in St Helier. I wish I'd stuck my life savings down on that bet...

We defied the odds in this election, have proven that Reform Jersey is here to stay and have laid excellent foundations down for the election in 2018.


Some important stats to note:


  • I almost doubled Reform Jersey's share of the vote since the last election (if we obtained the same share of the vote in a general election we would win 14 seats).
  • I increased our share of the vote in every Parish, up by 14% in St Helier, St Saviour, St Clement and St Peter.
  • I won a landslide in St Helier and also won St Saviour, the two biggest Parishes with a combined population of almost half of the Island.


But some anecdotal evidence is more important to bear in mind too.

From my experience, I spoke to hundreds of people who were voting for the first time ever because they were inspired by our campaign. This was not just young people, but many people who had lived here for decades and just never bothered before, despite being very aware of the big issues of the day and disliking how the government was handling things.

What caught them was that we made the effort to reach out to them, particularly on social media, and had a message that struck a chord. That message was simple - the States of Jersey doesn't work for you, but we think it should and we'll do our best to see that things get fairer.

People believe in that message. The old tricks that used to be thrown at us ("they're far-left, anti-finance, dangerous and evil" nonsense) don't wash any more because those hurling those stones thankfully live in glass houses.

Believing that the tax burden should be spread fairly, believing that government should get good value for money and believing in a population policy that works for people who are already in Jersey is not far-left, it's mainstream.

We also produced a leaflet in Portuguese which we went into their cafes, food festival and Church to hand out.

The reason that progressives have historically not done as well in elections as they should have done is because the people who would benefit most from their policies tend not to vote. But in this election we managed to get many of them out. That will be the key to our success in future is to keep these people inspired and mobilise them to become regular voters.

But the second part of that is to convert people who always vote, but would not usually vote for people like us.

In this election I had the opportunity to go round to the country Parishes and meet and speak to people who have only ever heard of us through unsympathetic forums like the JEP or word of mouth from Council of Ministers acolytes.

When they heard the word from the horses mouth instead, they realised that we are not the extremists some have tried to portray us as, and that we actually have a lot of positive things to contribute. The hustings were a useful platform to get this message across and I spoke to swathes of people who left impressed by our message. I came second in Grouville and St Ouen, two historically very conservative Parishes, which shocked many people.


Practical Recommendations for the Future

There are however some very important lessons to learn from this election based on some of the negative experiences.

The first and most pressing is how bloody awkward voting can be.

It is absolutely absurd in the 21st Century that you can't register to vote online. The amount of people I encountered who wanted to vote for us but couldn't because they weren't registered and had missed the deadline made this very frustrating.

Guernsey has online registration. It's not difficult. Just get on with it. Bureaucracy should not get in the way of people taking part in democracy.

There is also no reason why the current arrangement with polling stations continues to exist.

The technology exists and we have more than enough skilled computer software programmers resident in the Island who could write the software in a matter of weeks to create a system where electoral roll information is shared in real-time with all polling stations so that voters could vote at any station which is most convenient for them, without the capacity to then walk to another station and attempt to vote again. Again, just get on with it.

Also, many polling stations are not in convenient locations. Having one polling station per constituency in an arbitrary location is nonsensical.

Take St Clement as an example. Their polling station is at the Parish Hall which is at the wrong end of the Parish. Most people won't pass it on their way to and from work or dropping the kids off at school. If it were at Samarez School or the Good Companion's Club, you'd get hundreds more people there voting.

Another example, voters in Hue Court live closer to the Town Hall than almost everybody who lives in St Helier No. 1 district, yet they are technically in St Helier No. 2 district, so have to go to vote at Springfield Stadium instead.

I suggest we open more polling stations in more convenient locations where voters can vote, regardless of where they live.

Schools are perfect because many people are going to them anyway.

Finally, I fully support online voting being introduced. I am assured by those in the know that it is not as simple as the other recommendations I have made and will take more time to implement and (crucially) test so will not be implemented for the next election.

That is a shame, but I'll do what I can to keep up the pressure so it is in place as soon as possible.


Where now for Jersey democracy?

There has been much talk of the way that "no-hopers" detracted from the process and left the public unable to delve further into the politics of the candidates who actually stood a chance of winning.

I agree with this to some extent.

I stood in this election because I believed I stood a chance of winning. Some candidates stood despite knowing they stood no chance of winning at all, but they just like the sound of their own voices. One candidate even included the fact he was going to lose the election in his press release announcing he was standing as a candidate (I'm not making that up).

If you are standing for any reason other than to win and try to make Jersey a better place for it's people, then you're not standing for the right reasons and should not be there.

Some have proposed election deposits as a way of fixing this.

It may well help for some elections, but for others it will make things much worse.

We have Senatorial elections which are over-contested and Constables and sometimes Deputies elections which are often uncontested or at least under-contested.

As it stands, election deposits would simply discourage poorer, but just as credible, candidates from standing and potentially increase our already unacceptable levels of uncontested elections.

There are two better ways to resolve this -

  1. Party politics.

Party candidates make the best candidates.

It is no coincidence that the three candidates who did best in this election were the ones who had the best organised teams behind them. Those who did the worst were the ones who tried to do it all themselves with little funding and barely any volunteers.

We already have covert party politics. Once it is officially out in the open it will be clear what candidates stand for, whose club they are in and where they'll sit on the big issues if elected.

This will naturally put off no-hopers, or they'll instead join parties which will give them training and experience which will one day help make them a credible candidate.

     2. A fair electoral system.

Our electoral system is too complicated and it puts people off voting. But it also forces candidates to think more about where they stand and stops them challenging what they perceive as "safe seats" and instead go for other seats which end up over-contested.

Guernsey has one type of elected member in equal sized multi-member constituencies. They had no uncontested elections last time and all voters had a healthy, yet not overbearing, choice of candidates.

But unlike Guernsey, the reform of our electoral system should include moving to the Alternative Vote and Single Transferable Vote systems, where voters rank their candidates in order of preference to ensure that the most popular candidate gets elected.

It is wrong that Sarah Ferguson could get elected with 70% of voters having chosen someone else (and I'd still say that if it was me who had won).


We need to professionalise our democratic system if we want to see higher standards in it.

All other suggestions either hark back to some nostalgic past which never really existed, or seek to push a square peg through a round hole. It's not rocket science. A fair electoral system and party politics will improve our elections.


A call to all progressives

If there is one thing that comes out of this election, I hope it is a recognition that Reform Jersey is the best vehicle by which progressives can play a positive role in Jersey politics.

Others who stood on an independent progressive platform did appallingly and only helped to contribute to somebody who holds some very regressive views being elected.

In future they are far better off working with Reform Jersey rather than attempting to be a lone voice. The people of Jersey do not benefit from politics being led by egos. Teamwork is the only thing which will see the changes made to improve their lives. Those on the progressive wing of the political spectrum should recognise this and come on-board with us so that we can work together to deliver this change.

Since the by-election our membership has shot up. We will have candidates in more constituencies next time round and will certainly make gains. We are an open club and people are allowed to join it if they share our values. We aren't a sect and we certainly aren't tribal.

The public don't need here-today gone-tomorrow politicians. They need a movement with the strength to persevere for years to make their lives better. If you claim to be a progressive but won't work with that movement, then you're part of the problem.




For me, of course I will be a candidate in the next election. For what office is now up for discussion. I'd appreciate any comments my supporters may have on that question!




Thank you to:

- My dad for all the hard work he put in with posters, leafleting and chauffeuring.
- My mum, sisters, grandad, and all other relatives for all their support.
- Deputies Montfort Tadier and Geoff Southern for working their backsides off to help run my campaign and giving up a huge amount of their time.
- All of my volunteers, friends and supporters who helped prepare and put up posters, leafleted, canvassed on the doorstep etc.
- My designer for producing my posters and leaflets (I've always thought he does a smashing job).
- Unite the Union and the Communication Workers Union for their endorsements and support.
- Kit Ashton for his fantastic election videos he produced. Mèrcie bein des fais!
- All of those who volunteered on election day to make the process run smoothly.
- The staff at the States Greffe who did a brilliant job with vote.je
- The other candidates for what was generally a very clean campaign.
- Everyone who voted for me!

Wednesday, 10 August 2016

John McNichol - Proposing me for Senator






I'm here to nominate Sam Mézec of Reform Jersey for the candidacy of Senator.

Well here we are. A mid term by- election has been thrust upon us, and now gives us a golden opportunity to deliver a verdict on the government of our island.

And what a damning verdict we can now deliver.

Let's make no bones about it ladies and gentlemen. The public of this Island have been taken for a ride.

Ministers stood at the last election, in the full knowledge of the impending fiscal deficit that was looming over us, a deficit of their own making.

Did anyone of them have the honesty or integrity to stand up at the time and warn us?

No.

Not one of them.

We were duped.

Duped into believing everything was fine, our finances were the envy of the world.

Turns out the truth is a whole other ball game.



We are now facing tax rises, health charges, swingeing cuts to our public services, vicious cuts in support for the sick and vulnerable, and wholesale job losses and privatisations.

The medium term financial plan is a veritable smorgasbord of pain for the average Islander, while the wealthy are once again given preferential dispensation and exemption.

Its time for a change.

A real transformative change.

And there is literally only one choice that can deliver that transformation.

Sam Mézec and Reform Jersey.

Anything else will send a clear message that its business as usual, and the last thing this Island needs now is business as usual.

Sam Mézec represents the future, his track record speaks for itself.

He has consistently opposed the regressive policies of this Council of Ministers, taking them on and calling them out at every opportunity.

His live debates with ministers have been brilliant examples of how to deconstruct official narratives and expose them for what they really are.

We need Sam Mézec and Reform more than ever.

We need somebody to win who is clearly standing on a platform of opposing the regressive policies of this Council of Ministers, who has a proven track record of standing up to them and who also has a proven ability to work with others to achieve positive changes.

Sam and his Reform colleagues have been tireless campaigners for the voiceless and the vulnerable.

They have brought proposition after proposition to the assembly to attempt to hold ministers in check.

For example:

  • Equal marriage
  • Nursery funding
  • Free bus passes for the disabled
  • Minimum housing standards
  • Stopping lower minimum wage for the under 25s
  • Online voting.


We need to send a clear, unequivocal message to the government - they must change direction.

Sam Mezec will deliver that message.

We reject the Medium Term Financial Plan

Reform will lodge amendments and a vote for Sam is a vote to endorse those amendments.

Sam Mézec will stand in the assembly and say the public have given him a mandate to reject their plan.

He will pledge to


  • Stop the stealth taxes
  • End the civil service gravy train and golf jollies
  • Protect vital front-line public services that so many rely on
  • Reconfigure our tax model into a more progressive one that actually delivers for all Islanders and not just those at the top.
  • And to deliver meaningful electoral reform that produces real democracy.


Ladies and gentlemen, this is the most out of touch and unaccountable government Jersey has had in decades.

We need a government that works in the interests of our whole community, not just those at the top.

Electing Sam Mézec as a Senator would be just the political earthquake this Island needs and would force the States of Jersey to change the way they do politics.



Saturday, 30 July 2016

Please vote Sam Mézec for Senator - 7th September




I'm running for election as Senator in the by-election on the 7th September!

I have proudly represented the people of St Helier No. 2 as their Deputy for two and a half years. In that time I've worked hard to put their interests at the forefront of everything I do in politics and I have kept to every single one of my manifesto pledges.

But now I want to stand before the electorate of the whole Island to get a mandate for an alternative vision to the one being pursued by the Ian Gorst-led government.

The Council of Ministers has cut support for the poorest and most vulnerable Islanders, seen poverty drastically increase and is now proposing introducing stealth taxes which nobody voted for.

I want to make this election a chance for voters to cast a verdict on the Council of Ministers.

Only a vote for me is a vote for change which will send a strong message to the government that they must change direction.

No matter where you live in the Island, you will be able to vote on 7th September. I hope you'll consider voting for me as your Reform Jersey candidate!

Monday, 23 May 2016

Outsourcing - Broken promises and shabby excuses






On the 17th May, a Parish Assembly was held in St Helier to consider the following proposition -
to consider the merits of the proposition of Deputy Geoff Southern (P.29/2016 - Outsourcing) and to decide whether or not to express support for this projet and advise the Connétable, the ten Deputies and the eight Senators accordingly;
Around 100 members of the public came, with 52 ballots handed to St Helier residents in attendance, 51 of which were returned in favour of the proposition, with the remaining one ballot not being cast.

This unanimous vote was communicated by letter to all of the St Helier Deputies and Senators the next day.

Reform Jersey and Unite the Union called the Parish Assembly, evoking the Loi au sujet des Assemblées Paroissiales from 1804, to force St Helier to hold this meeting.

The next morning I went live on BBC Radio Jersey with the Minister for Infrastructure Deputy Eddie Noel to go head to head on the government's plans to privatise huge swathes of public services and make hundreds of workers redundant.

On a couple of occasions I was forced to use the word "lie" to describe what Deputy Noel was saying.

I consider it to be a huge shame that I have to do this, but there is no other word I can use when Deputy Noel chooses to mislead the public in the way he does. Since I would be expelled from the States Assembly by the unelected Bailiff if I used that word during a debate, I feel it is my duty to speak the truth outside the assembly where no such rules exist.

I want to go through some of the statements made by Deputy Noel in this BBC interview and demonstrate how they can be refuted. I did attempt to interject several times during the interview, however my microphone was turned down and it is difficult to hear the points I made.


At 2:57, on what consultations with the workers has taken place, Deputy Noel says -  "I have spoken to many people since my tenure at the Department of Infrastructure and prior to that when it was TTS. I do quarterly visits throughout Infrastructure. Deputy Mézec mentions that there hasn't been any consultation, but that simply isn't true."

A nice way of dodging the question. The BBC attempted to get a better answer from him and he reveals that his officers were in contact with the workers and you can hear me saying something in the background.

I was saying that Deputy Eddie Noel had not met with these workers' representatives once. That is a fact. It is confirmed in this written question I asked in the States - http://www.statesassembly.gov.je/AssemblyQuestions/2016/(9318)%20Dep%20Mezec%20to%20DFI%20re%20ministers%20meetings%20with%20unions.pdf

He then lists the times that the DfI officers have met with the workers to "consult" with them.

Of course, because the Minister was not there these were not consultations in the true sense of the word. They have been described by the workers and union shop-stewards as being a complete sham. No discussion was taking place on the principle of outsourcing as only the Minister has the power to determine policy. It was the condemned being offered which method of execution they would prefer. Hardly a real consultation.


At 3:50 he says "we had this debate back in September last year when we had the first round of the MTFP".

Of course, this is not true. The MTFP decided the parameters of spending for each States department but (and the Council of Ministers were criticised heavily for this at the time) they contained no specific details on the substance of those cuts and which jobs and services would be outsourced.

There has been no States debate to endorse the Minister's outsourcing programme. To imply anything else is a straightforward lie.


At 4;00 he explains the make up of Jersey's deficit and this £145m blackhole. He says that an amount of this is for "investment" in public services.

Let's be clear, this investment is either a) covering for decades of neglect by previous ministers/ presidents who refused to spend money keeping our social housing, schools, hospital and other bits of infrastructure up to date because they didn't have the foresight to spend properly at the time, b) covering demographic changes because the Council of Ministers has an out of control population policy and we have larger numbers of children at school and people being treated in hospital than they had planned for, or c) is being paid for by cuts to support for pensioners and the disabled and cannot be described as being an improvement on those people's circumstances.


At 4:50 the BBC ask him if he made an election promise to protect jobs and he says "no I didn't make that promise to protect jobs".

Another straightforward lie.

The following quote is taken from the transcript of the election for Transport and Technical Services Minister on the 6th November 2014 where he was directly asked by Deputy Southern about redundancies -

Deputy G.P. Southern: Can I ask the specific question then? By how much does he expect to reduce his 500 workforce?
Deputy E.J. Noel: I do not intend to reduce that 500 workforce at all; in fact it is going to increase because I am going to put Property Holdings staff in with T.T.S. 

He couldn't have been clearer.



At 5:15 Deputy Noel explains why he believes it would be irresponsible to subject every outsourcing initiative to a States debate where workers would find out their fate potentially on the radio or on the news.

In the background you can hear me mutter "or an advert in the JEP".

This was a reference to the advert his department put in the Jersey Evening Post in February this year in which he put out an Opportunity to Tender for these exact jobs, before telling the workers themselves that their jobs were going to be put on the line.




Although I do have to enjoy the irony of Deputy Noel accusing Reform Jersey of being irresponsible towards these workers when we ourselves have consulted with them far more than he has and we had their overt support for this public meeting and proposition.



At 6:45 Deputy Noel (being caught with the quote from his broken election promise) backtracks with the epic "but since then, Deputy Mézec, the world has changed".

Nothing changed.

The public spending deficit (which was generated during Deputy Noel's time as Assistant Treasury Minister) was what it was both before and after Deputy Noel's election.

This is just a cover phrase to pretend that he change his mind when he saw the figures.

He just said what he thought he had to say to get the votes, with no intention of ever taking it into account.

So I lay this challenge to him - if it is true that he believed in keeping his promise but was forced to change by his ministerial colleagues once more figures came to light, then publish the minutes that demonstrate this.



At 8:13 he is asked why he wasn't at the Parish Assembly and he responds "it was a Parish meeting, it wasn't a public meeting".

Anybody was allowed to attend.

There were a good 60+ people in attendance who were not St Helier residents.



At 10:43 I handed Deputy Noel a piece of paper with the phone number of the union regional officer representing the workers and challenged him to call him to arrange a face to face meeting, something he had failed to do so far.

I am glad to say that as a result of me embarrassing him, he has agreed to meet the union representatives and hopefully progress can be made to avert strike action and protect workers' jobs.



This whole process has been poisoned from the start.

If you do not treat your workers with respect, you cannot expect to be treated with respect yourself.

Deputy Noel made an election promise he had no intention of keeping, he knew the state of our public finances at the time (because he'd been assistant minister for several years at that point) and refused to meet the workers face to face to discuss moving forward.

Their vote for strike action is therefore entirely justified.

I hope that tomorrow the States Assembly votes to accept the will of those who came to the Parish Assembly and approve our proposition to stop Deputy Noel from outsourcing services without a full impact assessment and vote in the States.

Episodes like this are what destroys the public's faith in politics. The sooner we are rid of ministers who behave this way, the better.




Sunday, 17 April 2016

How to grind the Gravy Train to a halt - Civil Servants business class flights







The latest scandal to hit the headlines in the past week has been the not-so-shocking revelations that over the past 5 years almost £400,000 was spent on business class flights for top level civil servants.

This information came to light because of a written question I lodged in the States Assembly, the breakdown of which can be viewed HERE.

This of course follows the specific scandal of Mike King (CEO of the Economic Development Department) and Wayne Gallichan (Director at Locate Jersey quango) spending £13,000 on a single trip to South Africa, on the basis that they needed to be comfortable as they flew over as they would be working from the moment they arrived, only later to admit that they played golf on arrival.


There has been a lot of commentary about this and what can be done in future to secure better value for money for taxpayers.

My view is that virtually all of this commentary has missed the point so I want to make my contribution to the debate here.


But let's be clear about this from the outset - 

It is morally repugnant to spend hundreds of thousands of pounds on a civil service gravy train when cuts are being forced on the poorest and most vulnerable people on the Island.

We all pay tax, we are all part of Jersey society and we are all entitled to enjoy the security that the state is meant to provide for it's citizens. This means that the government has a responsibility to ensure that our money is spent properly and that the needs of society as a whole come before the 'nice-to-haves' for a small minority of people who are already paid incredibly well as it is.

Yes, sometimes politicians and civil servants will have to travel outside of the Island from time to time to make the case for Jersey and to drum up business. Yes, the States should be a good employer and ensure that it's workers are treated fairly and are comfortable whilst they are working. And yes, sometimes that means forking out money to make sure these people are able to do what we need them to do.

But we have been told time and time again by the right-wing Council of Ministers that their entire political ethos is based around the idea of "small government" and making the States more efficient, yet we find out that right under Ian Gorst's nose for these past years that the civil servants he works closest with have been robbing the public blind at the same time as urging him to follow a political line which sees cuts to support for the disabled and pensioners as well as raising new taxes on middle earners which will see them potentially thousands of pounds a year worse off.

There is an entirely legitimate argument which could be put to me, as a politician from the social democratic side of the political spectrum, that this is a relatively small amount of money in comparison to some of the major cuts and projects on the horizon and it would be a better use of my time to focus on the bigger picture.

I partially agree with that, which is why I believe the debate on this should focus on the context and the political causes of these scandals, rather than looking at it as a single issue.


The chair of the Public Accounts Committee Deputy Andrew Lewis has been in the media stating that they are going to look at the procedures and rules which are in place that have allowed these costs to spiral out of control and make recommendations for reform. The media has put the question to me several times about whether I think that this will work or not.

My answer is that it will help, but it ignores the central issue. Here is that central issue -

The reason that this civil service gravy train exists is because the top civil servants and senior politicians are far too cosy with each other, and their own careers depend upon them looking out for one another and bailing them out when they are in trouble.

In most civilised jurisdictions around the world the public have the ability at an election to throw out a government and replace it with an entirely new one.

That new government will normally turn up to the office on day one with a comprehensive manifesto which they have just received a mandate from the public for, which they will present to their civil servants who are instructed to turn that manifesto into action.

The fact that this democratic mechanism exists means that the civil service of these jurisdictions have official procedures in place to cope with a wholesale change in government administration, so that if a government is replaced with a new one, they are able to deal with the upheaval and get to work on whatever it is they are instructed to do, without prejudice to that new government nor favour to the outgoing one. Basically, they must always be on their toes because they know that their way of doing things and the projects they involve themselves in could be overhauled by the democratic will of the people who they ultimately serve.

In Jersey however the situation is completely different.

Voters are offered a false choice at elections where candidates come forward, denying any connections either personally or in philosophy with the other candidates, and ask you to vote for them based on their smile, who their dad was and who can come up with the most interesting (but ultimately vacuous) statements on their leaflets.

The same government remains, with a minor alteration of the faces which represent it.

For the civil service, it is always business as usual. They probably don't even notice that elections even happen.

Those new faces in government are elected with no policies.

Most of those who end up as ministers take up a portfolio which they have virtually no plan for and usually little more than a few sentences in their leaflets or at their hustings about what they would actually do with that power.

Some of them even end up in a particular office that they didn't even want. Take Anne Pryke for example. She actually stood for election saying she wanted to continue on as Health Minister, only to be told by Ian Gorst that it was Andrew Green's turn so she had to go to Housing instead.

Because of this fact, the ministers are utterly dependent on their civil servants (who to their credit know their departments inside out) to actually explain to them how things run and what changes could feasibly be made.

A huge amount of time and money is spent on civil servants actually creating the minister's policies for them. In some departments there is even a routine and systematic privatisation of policy making to quangos instead.

But all this means is that the success of a minister is predicated on the quality of advice they receive from their civil servants. Basically, their re-election and careers depends on those who they are actually meant to be holding to account.

Likewise, those top civil servants (who are paid incredibly well and have an inordinate amount of security in their jobs) depend upon having lightweight politicians take those ministerial roles and keeping them as ignorant as possible about what is really going on so that their position is never seen as anything other than absolutely essential to them.

There is an unbreakable cycle and this is where the poison sets in.

When they spend all this time together, they become too cosy with one another and become incapable of holding each other to account.

How can any of us therefore find it surprising that some of these people end up taking the Mickey with their own public spending on themselves?

They believe they can get away with it, so they push the boundaries and the perks become seen as an entitlement, regardless of the standards they uphold.

This inevitably means we waste huge amounts of money and the ministers are none the wiser because the perpetrators are those whose advice they seek to ask how to make their departments more efficient.

Instead, they say sack frontline workers. They say means-test this or that service. They say outsource or privatise this function. They never say ask them and their mates to do more for less like they know they are capable of doing.


By a bizarre twist of fate, the person who has been my greatest ally in demonstrating this fact to be true is actually Senator Philip Ozouf.

Philip (whom I actually get on with really well, even though we disagree on a huge number of things politically) wrote a blog a few days ago to comment on this very subject and jump to the defence of some of those named by the media. His blog can be read HERE.


In this post he defends Colin Powell and Joe Moynihan as being wonderful ambassadors for the Island who have contributed hugely to our success in recent years.

That may well be totally true. In the case of Colin Powell, my own private conversations with him lead me to believe that he believes in the principles of what a good civil servant should be and I believe that he would probably agree with the points I made above about the civil service always being prepared for alternative governments with alternative agendas.

But Senator Ozouf spectacularly misses the point.

This isn't about who these people are and how good they may or may not have been for the Island.

The personalities are irrelevant.

This is about a system that allows so much waste in the public sector, led by people who are unaccountable and have made themselves so indispensable that they end up leaving people like Senator Ozouf feeling like he has no choice but to stick his head above the parapet and defend the indefensible.

It is the job of a politician is to lead, to construct a positive and credible vision for the future and to have the ability to manage his or her staff to deliver on that vision. It isn't the job of those behind the scenes to lead.

Many of those who work in our civil service may well be incredible people who work hard and are committed to their Island. But that should never ever be an excuse for not holding them to account when they make mistakes. If the politicians see it as their job to protect these people no matter what, then we are truly in a mess.


I believe that there is only one way the grind this gravy train to a halt and that is to demonstrate to the civil service that there is no such thing as "business as usual" for them any more and to elect an entire new government who can show up on day one and say that Jersey has become a true democracy with a true government system which is fit for purpose to deliver for it's people what they desire as a community.

If that cannot be recognised, then we better get used to millions of pounds of taxpayers money continuing to be wasted forever.

Friday, 1 April 2016

A Squalid Compromise to Please No-one - The Dual Role of the Bailiff




Today the media has reported Chief Minister Ian Gorst's latest bright idea.

Jersey is one of only two places in the world (Guernsey being the other) where an unelected judge also acts as presiding officer of the elected parliament, with the power to deny democratically elected members permission to lodge propositions and the power to instruct them on what they are not allowed to say. We have had two independent reports recommending we abolish the dual role, all of the government's legal advice has said that we may one day open ourselves up to human rights legal challenges if we do not change it and our sister island Sark was forced to change their formerly identical system after the Barclay brothers won a legal challenge against the UK government.

Ian Gorst may have most aspects of his political agenda completely wrong, but he knows that the writing is on the wall for the dual role of the Bailiff and that the Island's reputation is at risk if we persist with an out of date and undemocratic system. Not to mention that when we're £145m in the red, a potential human rights legal challenge is something we can scarcely afford when the solution is right in front of us.

The last time that the prospect of splitting the dual role came up in the States, Ian Gorst lodged comments which were absolute dynamite. If you're into that sort of thing, I recommend giving them a read. They are impossible to argue against - http://www.statesassembly.gov.je/AssemblyPropositions/2013/P.160-2013Com(4).pdf


However he has a big problem - he can't convince all of his ministers.

For some bizarre reason, there are a quite a few States Members whose misinformed understanding of Jersey's traditions leads them to oppose any sort of modernisation to improve Jersey's government system.

Personally, I cannot fathom why politicians who claim to support Jersey's finance industry (an industry which is incredibly modern, forward thinking and which requires constant attention to make sure our regulatory framework matches international expectations) are not prepared to support a government system which matches those expectations.

Senators Gorst and Ozouf get it, but the others are stuck in the 18th Century unfortunately.

So in an attempt to move forward, he has suggested that many of the worries concerning the dual role of the Bailiff could be resolved by simply not allowing the Bailiff to preside over the States when we are debating legislation.

The "logic" behind this is that the fundamental problem with the dual role is that it is wrong for somebody who is involved in the law making process to then be involved in the business of applying the law.

Let's be clear - this proposal suggests moving from a situation where a significant group of States Members are unhappy, some are happy and we defy the internationally accepted fundamental democratic principle of the separation of powers to a situation were all States Members are unhappy and we still defy the principle of separation of powers!

A sensible compromise? Hardly!

For those who believe in the principle of the separation of powers (which in a democratic society should be all of us) this will never be enough. We want Jersey to abide by this principle and this compromise barely moves us an inch in the right direction.

It also doesn't really do what it is meant to do.

The States Assembly actually spends very little time debating pure legislation. Most of our time is spent either in question time where we hold the executive to account, or it is spent debating propositions which are usually in-principle debates which will lead to legislation which tends to go through very quickly (which may actually be a bad thing, but that's a debate for another day).

In practice this would mean the Bailiff presiding over the States for the vast majority of the time and sometimes leaving the chamber for it to be presided over for as little as 10 minutes of business at the end of the session as members merely nod through something uncontroversial.

Which begs the question, what is the point? It would be a lot of effort for virtually no difference.

I also think it is wrong to suggest that the legislation is the key part which causes the problem.

The legislation may be the fine print which actually comes into force, but it usually reflects the principles which are debated in propositions beforehand and sometimes even thrashed out during question time as members question ministers' intentions to draft legislation.

The whole of States Assembly proceedings is part of the legislative process, right from the very beginning. The substantial bit is rarely the actual moment where the final piece is voted through.


But ultimately, the compromise which is being suggested is a waste of time for the simple reason that if a proposition is brought to the States to achieve it, all it will take is one States Member to lodge an amendment to go the whole way and have an elected Speaker (and is no shortage of members who will be prepared to do that) and it will instead become a debate on that, not Ian Gorst's compromise.

So it has no mileage whatsoever and Ian Gorst should just forget about it right now.

I believe that Ian Gorst is showing an appalling lack of leadership over this issue and I know that his refusal to get to grips with it is causing discontent amongst some members who are prepared to simply bypass him and make their own attempt to push forward. This attempt would be doomed to fail, but that failure would be the responsibility of the Chief Minister for not taking action himself.

The Chief Minister's department has already done the work to construct the necessary report to accompany a proposition to split the dual role of the Bailiff and it is even one of the very few political topics that Ian Gorst had a clear policy on when he stood for election.

Ian Gorst should lodge his own proposition to establish an elected Speaker and he should tell his Council of Ministers to back him like he would expect them to over any other issue he had been so forthright about during his election.

Who would choose to resign from his cabinet over such an issue? Most ministers, when push comes to shove, would stay put.

There is of course one exception - Senator Philip Bailhache.

Senator Bailhache wrecked the last attempt to have a debate on the dual role of the Bailiff by lodging an amendment to turn it into a debate on having a referendum on splitting the dual role, rather than splitting the dual role outright.

He is the brother of the current Bailiff and his resignation would be interpreted by the vast majority of observers not as some sort of grand defence of Jersey tradition, but as a defence of his brother and his job. It will simply be too much of a coincidence for many people to come to any other conclusion, whether it is true or not.

On that basis, he is expendable.


Over the past few months, the incumbents have been acting in a way which is so counterproductive to their intention to hold on to this undeserved privilege as long as possible that for people like me it has sometimes almost felt like winning the lottery.

There is scarcely a single Islander who believes that William Bailhache made the right decision in expelling Deputy Tadier from the States for referring to Jesus in a rhetorical way during a debate on stopping cuts to support for disabled people.

When I have explained what happened to both visiting political campaigners/ journalists and even to school children, they have all burst out laughing at how absurd it was.

A few weeks ago I stated during question time that I believe that the way the Infrastructure Minister is handling his outsourcing programme (which is seeing working people facing a prolonged period of uncertainty over their future) is immoral. The Bailiff asked me twice to withdraw that allegation. I refused and said it was an opinion I was perfectly entitled to hold, it was not unparliamentary and I was not prepared to withdraw it. He caved in, but everybody who was listening thought it was wrong for him to have even considered it appropriate to wade in on what was blatantly a political point.

The Deputy Bailiff rarely even attempts to conceal his bias when he presides over the States. He allows ministers (who until recently he acted as their legal adviser) pretty much free reign over what they can say and how long they take to say it, yet will immediately shut down any member who attempts to challenge a minister by prefixing their question with some context. If you are prefixing a question without challenging the minister, he will allow you to say what you want and wait until the end before suggesting that the member could be a little bit more concise in their questions, maybe, if they felt like it.

This has meant session after session where elected members have been denied their right to challenge ministers with supplementary questions on important topics.

As every single States sitting goes by, the breaking point gets closer and closer, and I'm eagerly looking forward to the next occasion these people dig their own graves a little bit deeper.


Disillusionment in Jersey politics has never been higher. It was 70% when I was first elected and it's now 84% (no connection, I swear!) But that disillusionment is not just directed at the government, but also at the States Assembly too (according to the Change.je poll).

I believe that part of this stems from the fact we have an apolitical culture in the Island (partially as a result of not having a long history of entrenched party politics like most countries) and our parliament does not have a rich history as an institution of democratic virtue and principle.

The role of the Speaker is not to just be impartial in the chair, but it is to be overtly partisan outside of the chair in support of the institution of the parliament, it's purpose and it's rights and privileges.

We need somebody who represents the traditions and purpose of our Island parliament and goes out into the community to make the case for the institution and to advocate and educate what it is we do and how the public have the power to force us to do it better.

The Bailiff can never perform this role.

When we are a proper democracy, we will begin to rebuild trust with the public in our ability to function as a parliament for the people.


This change is inevitable. So let's get on with it.