An Evening’s Consultation – Part 1

An Evening’s Consultation – Part 1

A new experimental format began tonight. Ministers, including the Chief Minister, made themselves available to the general public to meet and ask questions. It ‘s a bit like a Parent’s Evening at a school, except it is not timed with a bell every ten minutes, and you have the opportunity to sit down at a table with a Minister and ask questions. It’s a bit like a surgery and a chance to question Ministers directly about policy and decision making.

Incidentally, it was at small tables with chairs like a Parent's Evening, not like the big table shown above, but I forgot my camera. The photo above is by way of illustration of who the Ministers are only!

The numbers in the lunchtime session at St Paul’s Centre were quite promising, but perhaps as might be expected, there were less people coming along to ask questions, more of a slow trickle, at Communicare. That doesn’t mean the evenings are not important. And people did trickle in and out.

It is a method of engagement that has not been tried with previous Councils of Ministers, and shows a greater willingness to engage directly with the public. And because it is a one-to-one conversation, there is less likelihood of scoring political points, and a greater likelihood that people might want to speak about issues that concern them directly, rather than perhaps issues that some politicians and bloggers want to make centre stage, although the excellent Change.Je's "Question Time" addresses that and complements this well. We need both kinds of engagement. I only hope the slightly lower numbers in evenings will not dissuade Ministers from this kind of engagement.

But there is no reason why bloggers, or Parish Magazine reporters, for that matter, should not go along and ask questions and take notes. It was in that capacity that I went along, fortified by spoonfuls of cough mixture to ensure I didn’t give my germs to any of them, especially not to the Health Minister! My son had one or two finance related questions to ask, so came along too.

While waiting to speak to Ian Gorst and Rod Bryans, I had a chat with Paul Routier, who put the case for needing controlled immigration for extra funding for health and education. I did make the point that those extra people will also increase demands on healthcare and need educational provision for their children.

But the real debate on immigration is yet to come: at present we are following the “interim immigration” policy, until the States debate a full term one. It is not sure when that debate will take place, and perhaps that is as well: some figures are needed on immigration policy and how the existing strategy is working before making changes. I’d just like to see better “flow through” statistics, so that we can see a direct connection between demands on infrastructure and immigration.

Senator Routier also seemed unaware that the Accountancy Degree at Highlands which shares the first year with the Financial Services Degree has stopped for one year because of lack of numbers, and the Financial Services Degree itself has only about 10 people in one year. Are these being promoted enough as career choices? With the Finance industry asking for more immigration to meet its needs, it seems obvious that local degree courses could fill the gap, if more students took them up. Perhaps local businesses should also be promoting take up in liaison with Highlands?

As Andrew Green was free, we had a chat with him about how the hospital plans were progressing. There are four options, including the two-site solution (which he thinks may be more expensive in duplicating administration) and the Waterfront, where he thinks the current debates make a quick decision unlikely. The hospital site (and Kensington Place) remain one option, as does developing Overdale, but he was waiting for the feasibility study to come back to him, hopefully this week, on the costs of the different options.

The next stage would be public consultation, probably in April or May, and also probably involving some meetings in the Parishes, and if lucky, the States might actually debate the preferred solution in July. The building work itself, including getting appropriate tenders, would probably take two to three years, but it was very important to get things right, and try, as far as possible, to future proof the design.

As an example, he gave of a new kind of glass division which can be made opaque for privacy in the day, but transparent at night, enabling a nurse on duty to keep an eye over a wider area, while permitting smaller patient rooms. The technology was changing all the time, and even the current MRI scanner was considerably smaller than the first. But we had to try and plan as best for change, and get it right because the new hospital would probably have a lifetime of at least 50-60 years. That doesn't mean it wouldn't be changed just as the current one has, but the basic structure needs to be sorted now.

On prescriptions, he was of the opinion that a charge should be introduced, but that there should be a cap on the amount. He also thought that people with specific life threatening conditions should be protected because they had to have a repeat prescription – I cited the example of a diabetic, and he concurred. This was very different from a one off prescription of a course of antibiotics for an infection.

The elderly and the very young should also have some kind of cost protection, especially as children often got ill with a higher frequency than adults – and he mentioned he had endless ear infections as a child, often needing the doctor. He would also like to see pharmacists able to prescribe some medicines, as after all doctors also sometimes took advice from pharmacists on appropriate drugs. This could also reduce the costs of health care.

“Do you think Jersey could suffer reputational damage for having Bitcoin funds when Bitcoin isn’t globally regulated?” That was my son’s question to Ian Gorst, asking about the dangers of money laundering in the Bitcoin market, and the problem that while some jurisdictions may regulate it, others do not.

“It could and there is some concern” was Senator Gorst’s reply. The Chief Minister added that local Bitcoin funds were an “expert fund” where only those who understood the risks of a crypto-currency would take part, limiting the risk, and it was monitored by the JFSC and the States of Jersey. Crypto-currency was a new phenomenon but would probably be one of the ways the future market would go, and the UK and OEDC were also looking at issues of money laundering.

I asked Senator Gorst if they had been looking to Estonia for ideas about e-Cabinet. Apparently, they have taken an extensive look at Estonia. The e-Cabinet system has cut their cabinet meetings and made them much more efficient.

I looked at it last week, and this is how it works:

“It lets ministers prepare for cabinet meetings, conduct them and review minutes, entirely without paper. At its core, the system is a multi-user database and scheduler that keeps relevant information organized and updated in real time, giving ministers a clear overview of each item under discussion.”

“Well before the weekly cabinet session begins, the ministers access the system to review each agenda item and determine one’s own position. They then click a box stating whether they have any objections or would like to speak on the topic. That way the ministers’ positions are known beforehand. Decisions that have no objections are adopted without debate, saving considerable time.”

“Once Estonia adopted its e-Cabinet system, the average length of the weekly cabinet meetings was cut from 4 to 5 hours to just 30 to 90 minutes. The government also eliminated the need to print and deliver thousands of pages of documents each week – a significant reduction in environmental impact, not to mention cost. Because e-Cabinet uses web-based software and audio-visual equipment, ministers can take part remotely, and have often done so.”

As the BBC described it in 2004:

“Spaced at intervals along the table tops are sleek, flat-panel monitors, one for each minister. Underneath the desks are high-end computers, each hard-wired to the internet via broadband connections. The day's agenda is displayed on a giant projection screen. Any cabinet member who happens to be travelling can participate in the meeting via instant messaging. As the meeting progresses, press officers send updates to the Estonian government's website. In the space of 30 seconds, government decisions are made available to any Estonian citizen with an internet connection.”

The Chief Minister was not sure whether it would be appropriate for Jersey, and suggested that perhaps it was better geared to a party system. He thought it was important with the introduction of collective responsibility for any Minister to speak and put a case, as they would have to abide by a collective decision.

I can see where he may be coming from on this – deciding options before might mitigate against airing positions in depth. While a debate takes place if there are objections in Estonia, a debate in Jersey’s Council of Ministers might not work terribly well if it was known that a majority had already made a decision; changing those decision without losing face might be difficult.

Apparently the Council of Ministers meets, on average, for a day every two weeks, although sometimes it may be half a day every week, depending on matters in hand. Jersey is a smaller jurisdiction than Estonia, and so  I do wonder if something could be done to streamline matters.

Speaking of streamlining brings me to the appointment of Kevin Keen. Contrary to the bad press he seems to be getting, focusing mainly on his salary, I have hopes that if anyone can, he can help to streamline and make our government more efficient, and less fixated on empire building and silo mentalities. Apparently, according to Ian Gorst, he’s already made a good start, and Ian Gorst said this was absolutely crucial, as the Department structures were too much constrained by their past, when the world was very different from today, and had too rigid boundaries and demarcations.

Kevin Keen is joining a team which already exists - the other members of the group are Sir David Henshaw and Elisabeth Astall. I asked when this group was set up, and who decided it, and where I could find the Ministerial decision, and details about its remit etc. The Chief Minister admitted that there did not appear to be any decision online, although he thinks he set up the group initially, and promised to rectify the admission. He even made a note of it.

I think that is important, because while we know about Kevin Keen’s appointment, we know virtually nothing about this group he is joining. Any groups which are set up, which have members, should be visible somewhere, whether on states debates, reports or Ministerial decisions, otherwise we have no idea what is going on.

When I get a chance, I’ll dig out my notes on the other Ministers I spoke to – Rod Bryans on Education, and Lyndon Farnham on Economic Development.

All told, it was an interesting evening, a chance to ask questions that I otherwise might not have, and get some answers. The most important part of the engagement for me was getting the thinking behind the decision making, and also timetables for decisions. “Why do you think that?” is something worth finding out, even if we don’t necessarily agree with the end result, because at least we can understand the arguments behind that position.

Top Posts for the Month of January 2015

By far the most popular were the transcription I did of the 1971-1972 Pilot Magazine on Street Names of St Helier. Within one week, part 2 had 817 hits!

http://tonymusings.blogspot.com/2015/01/street-names-of-st-helier-part-2.html

And part 1 picked up 588 hits.

http://tonymusings.blogspot.com/2015/01/street-names-of-st-helier-part-1.html

More will be coming next week and the week after, so keep watching the blog. It makes all those lunch times burrowing in the library for nuggets worthwhile.

The Question Time event report also got 278 hits for part 1, and 185 for part 2. It is, if I may sound my own trumpet, the most comprehensive report on the event. Media reports were focussed largely on just one item, but this took in the lot, done from the scribblings in my trusty notepad.

http://tonymusings.blogspot.com/2015/01/question-time-part-1.html

http://tonymusings.blogspot.com/2015/01/question-time-part-2.html

Amazingly, from 2012, the second part of my posting on Jimmy Saville still continues to attract readers with 278 hits in January

Sifting Saville - Part 2

http://tonymusings.blogspot.com/2012/10/sifting-saville-part-2.html

Remembering Bob Bisson and his Bible Text covered house, and some other Jersey eccentrics came in with 182 hits.

http://tonymusings.blogspot.com/2015/01/some-jersey-eccentrics.html

And a look at how tourism misleads by not giving bed night statistics, but purely arrivals is here with 159 hits. If Guernsey’s more comprehensive survey is anything to go by, at least 45% of the arrivals are locals returning not visitors.

Lies, Dammed Lies, and Tourism Statistics
http://tonymusings.blogspot.com/2015/01/lies-dammed-lies-and-tourism-statistics.html

Ian Gort made a speech to the Chamber of Commerce. My comment is here with 155 hits:

The Challenge
http://tonymusings.blogspot.com/2015/01/the-challenge.html

And from a year ago, 149 hits on the political cliché of “testicular fortitude”, my analyisis of the term, and how it has an implicit sexist attitude. It seems to have vanished from Jersey politics in the meantime.

Political Clichés: Testicular Fortitude
http://tonymusings.blogspot.com/2014/01/political-cliches-testicular-fortitude.html

Rehabilitation and Forgiveness - Part 2

Rehabilitation and Forgiveness - Part 2

There is a view of human nature which I call the “11-plus idea”. It is the idea, which was also behind the 11 plus exam back in the 1960s and 1970s, than human nature is very fixed. If someone does something wrong, they are never allowed to forget it. It hangs like an albatross around their neck.

The notion of rehabilitation is now enshrined in law. There is a concept called “spent sentences”, where a sentence is deemed to have been spent after a particular amount of time, depending on the severity of the sentence, and also, when applying for a job, the nature of the job. The law tempers justice with mercy. It does not wipe the slate clean for people who may still pose a significant risk to society, but it does now allow for the fact that people change, and learn from mistakes.

I remember in the 1980s, when I used to chat to a man who had been to prison. He had made a mistake, accepting stolen property, and I think had been sentence to three months. He even mentioned it once to me – that I still saw him as a crook. It was clearly something which was a burden to him, and in a small island like Jersey, where people do not forget, that was understandable. I reassured him, and told him that I thought he had made a mistake, he had paid his debt to society, and no, I didn’t regard him as a crook. A number of years later, he asked me for a reference, which I gave for him. Apart from that one mistake, his life had been blameless. And I am sure he had learnt from that. I felt privileged and humbled that he trusted me and could ask me for a reference.

Mark Rylance, currently playing Thomas Cromwell in Wolf Hall on TV, was speaking on Desert Island Discs how they put on a play for those inside Broadmore. Some of those had killed loved ones, and had to come to terms with that, with whom they were. The play was Hamlet, and in a modern dress version. They were concerned that the subject matter might prove difficult for people who had committed crimes of a similar nature to those within the play, of murders within close knit relationships. But in fact, it enabled those inmates to open up and talk more freely; because the play was distanced for them, it gave them an opportunity to talk about it, and perhaps from that an opportunity for hope.

Of course society has to take steps to keep itself safe, and inadequate oversight and premature release of some prisoners has led to tragedies as they have committed murder again. But even within the confines of an institution like Broadmore, even if they might be judged by the law to always pose a risk to the public, what the law decides should not be the basis for our condemnation. Society needs to be protected, but we must not write these people off.

One of my favourite films is the “Birdman of Alcatraz”, starring Burt Lancaster as Robert Stroud and Karl Malden as Harvey Shoemaker. Stroud is a rebel, sentenced to 12 years imprisonment for murder. He was a pimp at 18, and had shot and killed a barman who had attacked one of his prostitutes. He was known in prison as an extremely dangerous inmate, and killed a guard. He was sentenced to death, but the sentence was commuted to life imprisonment.

Serving solitary confinement, initially at Leavenworth prison, a turning point came in 1920, when he found a nest with three injured sparrows in the prison yard, and began raising them. He acquired a collection of some 300 canaries. He was allowed to keep them because of a radical prison-reforming warden, and his studies led him to produce the book “Diseases of Canaries” in 1933. This was an astounding book, meticulously researched, and led to him gaining the respect of scientists studying bird disaeases.

He was later transferred to Alcatraz, where the prison authorities would not permit his birds, but there studied law and history, and wrote two books, Bobbie, an autobiography, and Looking Outward: A History of the U.S. Prison System from Colonial Times to the Formation of the Bureau of Prisons. They could not be published until after his death.

But the prison service itself is often in need of reform. Stroud was able to highlight what conditions could be like for a prisoner, and pave the way for prison reform. It is forgotten by those who think prisons should be grim forbidding places, as they were in Victorian England, that the most essential thing you remove from a prisoner is their liberty.

When Robert Stroud was dying, he was transferred to the Medical Center for Federal Prisoners in Springfield, Missouri where he remained until his death. He was never freed, because he was assessed by a psychiatrist, who assessed him as brilliant, but still a danger to the public. But his life was an example of what can be achieved, even given such limitations.

We don’t have physical prison cells, but we are often imprisoned by fear, by stress, by the demands of modern living. Some people are trapped by depression. But the stories of people like Robert Stroud show us that even in circumstances where there seems no hope, the spirit of hope can enter in, just as it did when those sparrows, bruised and broken, flew into his life.

Spock Remembered

Today's poem is an acrostic, written in memory of Spock, and the man who brought him to life, and imbued him with wonderful touches - the Vulcan neck pinch, the mind meld, and the Vulcan salute, and turned what could have just been any old alien into a real person. RIP Leonard Nimoy.

Spock Remembered

Live long and prosper, you used to say
In Star Trek, as through the milky way
Vulcan wisdom, imparted with a hand
Ever boldly going, towards a promised land
Looking back at your Jewish past, you said
Only Vulcans live long, but you are dead
Now we mourn your passing, Vulcan lore
Going where no one has ever gone before
And you will be remembered, the pointy ears
Never seeming to age, even in the Deadly Years
Dead, but not forgotten, in memory yet alive
Perhaps that is all we can every wish to strive
Reaching with a mind meld, enter another place
On the good ship Enterprise, trekking into space
Spock, a work of art, an acting masterpiece
Producer, director, actor, poet, you never cease
Easily as Spock though, that you stood so tall
RIP Leonard Nimoy, remembered by us all

Look A Like

Constable Nick Hewer of St Clement

Len Norman, Alan Sugar's right hand man on "The Apprentice".

Is it my imagination or does Constable Len Norman look like Nick Hewer?

Wolf Hall: TV Review

“Wolf Hall” is a very dark drama, not least because it makes no concessions to modern lighting, and uses tallow candles to light buildings as much as it would have been done. The half glimpsed silhouettes show us a world full of flickering shadows and light.

The core performance has to be Mark Rylance as Thomas Cromwell. Very much a man of the world, he builds spiders webs by his network of spies to entrap the unwary, and is first and foremost, set to do his master’s bidding – that is, the wishes of Henry VIII.

There’s a certain motivation in him for revenge on those who brought about the fall and destruction of his former master, Cardinal Wolsey, and it is interesting that it is Anne Boleyn, not Cromwell, who seeks to put Thomas More’s name on the list of those who supported Elizabeth Barton in her prophecy against the King. Cromwell knows More is innocent of this, and contrives a way around Anne’s wishes in the matter.

Cromwell has for so long been portrayed as the schemer, the nasty piece of work, the henchman doing Henry VIII’s bidding. Having Leo McKern play Cromwell in “A Man for All Seasons”, and Donald Pleasance play him in “The Six Wives of Henry VIII” make him very much a villain, and in the case of Pleasance’s performance, almost a cardboard villain.

Rylance’s Cromwell is an altogether more subtle character, with feeling and religious sensibilities. He won’t put Thomas More on a list, because he knows that More is innocent of that crime. And yet he still frames legislation that needs an oath of loyalty to the King, which traps all those who have integrity and doubts, including More. He doesn’t like torture, and prefers his network of informers, but he’s still prepared to let More be executed, partly at his contrivance.

One of the best scenes was after Henry had fallen from his horse, and just recovered – Cromwell hitting him in the chest to get his heart beating is effective, but probably fictitious – and Cromwell discusses how things might have been with Master Treasurer Fitzwilliam. It’s the lull after the storm, a reflective two-hander that is a delight to watch, as each displays scepticism about the other’s views.

It appears that Henry did suffer some kind of brain damage as a result of the fall, when he was unconscious for nearly two hours. As Michael McMarthy notes, “the king, once sporty and generous, became cruel, vicious and paranoid”.

This slightly unhinged King was well brought out by Damian Lewis, who suddenly turns on Anne, when she calls upon the King to give up jousting for the sake of the Kingdom, and he says “Do you wish to geld me too, Madam”.

Throughout the series, the shadows are lengthening, and in the final episode we saw Cromwell acting against Anne Boleyn, on behalf of the King. He threatens violence, but doesn’t use it, but the threat itself of violence, unrecorded, and the dark cells of the Tower are enough to get enough confessions.

The King needs guilty people, and Cromwell is not fussy about the truth of the accusations. It is enough that those accused are guilty men, guilty of past crimes, although, as Cromwell states, not necessarily those crimes they are accused of. He needed to find enough guilty men to satisfy Henry.  It is also a chance for him to settle old scores against those who brought down and mocked Wolsey.

Claire Foy as Anne gives a brilliant performance, haughty and often cruel as the Queen, but suddenly aware of how vulnerable she is, and taken to the tower. Her trial, when she answers “No” to all the questions, goes well until she is forced to say “Yes” to giving money to one of her alleged suitors. She realises in an instance that answer will seal her fate.

Her speech and trembling final prayers were extremely fraught, and we saw the executioner swing the sword, and heard the thump as it severed the head, but rightly this was more effective in not showing it. We are shown the reaction of the spectators, and we should not forget that executions were very much a spectator sport. Would people watch today if there was still public hanging?

I think the culture has shifted from the 1960s when the death penalty was removed from the statute books as a mark of a civilised society, and today’s population, brought on a diet of visual atrocities from war zones, coupled with the desensitising effects of sadistic shows like “I’m a celebrity” would probably pay to watch. Our world has become crueller than it was; closer to the Tudors.

Was she guilty? What mattered to the Henry and Cromwell was that she should be found to be guilty. Executions had to be conducted by due process of law, and Cromwell showed himself adept at manipulating events within the limits of the law. And yet even there is a touch of compassion: he knows that Anne is beyond saving, but he asks her to be contrite and confess so that he can try to safeguard her daughter Elizabeth.

Archbishop Cramner does not come out of this well. He finds it incredible that the accusations should be true, yet as it is the King accusing Anne, he says that it must be true because Henry would not act if there was not sufficient evidence to prove Anne unfaithful. Under Edward VI, of course, he was in his element pushing forward the Reformation agenda, but under Queen Mary, he recanted of his past.

Cramner only seems to have finally found a courage that eluded him when he realised that his recantation was not going to save him from burning, and then he retracted his confession, and thrust the hand which had signed the document into the flames. History is full of “what ifs”, and I cannot help wondering what might have happened if he had been quietly pensioned off after a very public retraction rather than sentenced to death.

Cromwell, in the end, is greeted by Henry, his master for doing his bidding. But he knows he is caught in a trap from which he cannot extricate himself, and sooner or later, the same fate which others suffered may well be his too. And he has changed, in this telling of the story, from one who sought to support the King but act, according to his lights, justly, to someone who will use any legal means to achieve his ends, whether they are, in fact, just or not. Legally, everything is done with due process, but morally, he has been in the process of selling his soul to the devil.

TV Review: Call the Midwife

“Call the Midwife” still keeps up very high standards, and some wonderful touching moments – the birth at the gypsy camp, the diabetic and her lover. This series has been perhaps more thematic than past ones, but that has worked very well producing strong drama.

I was not sure how Linda Bassett as Phyllis Crane would fit in; at first she seemed something of a stereotype – someone who was something of a fusspot, but her character, and the way it is played by Linda Bassett has made for some very powerful drama indeed.

Vaughan Sellars is the local boy who has been at Borstal, but is trying to put his life right, but she understands that. He asks her how she knows. "Do you know someone who went wrong?" “I was the wrong ‘un, Vaughan”, she replies. This strand of the story is about acceptance. The pregnant diabetic girl Paulette Roland loves him, but her mother can, initially, only see Vaughan through the eyes of prejudice. But by saving Paulette, at the cost of going back to the Courts, she comes to see that he loves her daughter as much as she does.

Sister Mary Cynthia is goodness personified, slight, seemingly timid, kind and caring, and you would have thought it was difficult to believe a story with such a sweet character, but again the story works well. We see how she cares for the gypsy about to give birth, and the gypsy’s slowly dying mother, who wants to remain in the camp until she dies. After the grandmother’s death, in traditional fashion, the Vardo, or gypsy caravan, is set alight, a wonderful sight.

The goodness of Sister Mary is in contrast to the town people, who see the gypsies as rogues and vagabonds, who imagine the young girl with child is underage and unmarried. The viewer is meant to see that is wrong, and that the Council, evicting the gypsies, is pandering to those prejudices. Unfortunately, those attitudes have not gone away, even today, and there are still as many prejudices, often ill-founded, against those who have chosen a nomadic existence on the road.

Part of the joy of “Call the Midwife” is its depiction of the 1950s Poplar, bringing back a lost time within living memory, and showing both the light and the dark.

We have moved on in some ways – homosexuals – as in a recent episode – are no longer sentenced, as Alan Turing was, to a medical treatment with side effects, supposedly for their own good. But other attitudes are still as much present today as they were then. In that respect, it becomes a period mirror, reflecting our own times back in its own stories, and showing us how we can face and overcome our own hidden prejudices.

The Centralisation of Power in Jersey Today

I’m reprinting today a letter to the JEP from former Deputy John Young, as it highlights some worrying trends. I would add to that the following:

- The increasing use of Ministerial decisions to avoid the States debate, not on routine matters, but on important matters which have in the past been taken before the house.

- The absence of any Ministerial decision with regard to the latest missive from the Social Security Minister on long term incapacity. Is this the start of a new trend?

On the Waterfront, which forms part of the substance of John Young's letter,  I was also very disappointed by the argument of Ian Gorst. He implied again and again that the lawyers Crill Collas were biased with their criticism of the legality of the destruction of the car park. Their statement was flawed because they were acting for a rival organisation who wanted their own office complex to be the one of choice. But what matters is the legal case, and if it stands up, not whether it is put by lawyers acting on behalf of little green men from Mars.

As C.S. Lewis noted, “The motive game is so uninteresting. Each side can go on playing ad nauseam, but when all the mud has been flung every man’s views still remain to be considered on their merits.”

Lewis termed the approach that Ian Gorst took on BBC Radio Jersey, “Bulverism”, and argued that it is a logical fallacy (it is also called the genetic fallacy):

“You must show that a man is wrong before you start explaining why he is wrong. The modern method is to assume without discussion that he is wrong and then distract his attention from this (the only real issue) by busily explaining how he became to be so silly.”

That is almost exactly what Ian Gorst did on BBC Radio Jersey, distracting attention from the arguments presented by Collas Crill by diverting attention to who funds them. We really deserve better than that.

Letter from former Deputy John Young.

Urban trees are scarce and lift the spirits nowhere more so than in St Helier. Those in the Esplanade car park were a delight until our SOJDC decided the trees had to make way for our office development. Those who mourn their loss are seen as standing in the way of progress.

Is this a clash of alternative visions for St Helier,. whether our capital becomes a good place to live. or an overcrowded economic powerhouse? Is there a bigger underlying message of the power exercised by our government?

The way the trees'- removal was carried out with no advance warning despite a States scrutiny inquiry into the development shows just how powerful our government has become. The dismissive remarks of the chairman of SOJDC about the scrutiny review show that the executive is under instructions to press ahead with the Esplanade development, regardless.

There are other worrying signs, the support of the Council of Ministers for the proposed high-density development of the Gas Works site against the views of residents. They supported the Port Galots development which would have removed the last remaining open view of the Harbour and Elizabeth Castle from the residents of St Helier. It has taken a public outcry to put a`stop to it. We as taxpayers are left with the loss of £400,000.

How do such things happen? Our Chief Minister, Senator Ian Gorst, imposes collective responsibility on all his ministers. SOJDC and States Property Holdings take, their instructions from our Treasury Minister, Senator Alan Maclean. He is directed by the Council of Ministers and our Chief ' Minister, independent thinking will lose him his job. The safeguard is our Planning Minister, but he is also under direction from Senator Gorst. Next week in the States, powers of the Planning Minister are to be transferred to unaccountable civil servants who in turn are under direction by the States chief executive. Such centralisation of power is without precedent in Jersey.

Senator Gorst won a huge mandate at our election, yet how democratic is his government? His ministerial nominations were made on the basis of personal acceptability, leaving out Senator Zoe Cameron.

Two of his ministers and five assistants were elected unopposed. Senator Gorst's government has an inbuilt majority in the States, supported by the majority of Constables and those Members who are ambitious for future advancement.

Efficient, yes. But where are the checks and balances on government power? We have a reform party of three members who seek to form an opposition, we rely entirely on the minority of States Members who maintain their independence and exercise their own judgment. We have a scrutiny system, which does not have the power of UK Parliamentary Select Committees, is under-resourced and largely disregarded by ministers.

The reality is we now have a one-party political system in Jersey. Democracy requires we need stronger scrutiny, greater safeguards and public scrutiny of our government by all possible means, using social, conventional media, parish, public meetings and petitions.

In our next elections we will all need to become more open to political organisation and alliances and ultimately to political parties.

Long term incapacity: A Singular Lack of Transparency

On Monday more islanders who are on long-term incapacity allowance will be required to look for work. This is an allowance paid weekly to those whose lives are impaired by a physical or mental condition.

Currently, anyone having “30 per cent or below loss of capacity” is designated as suitable to work, but on Monday the level will be raised to include those having “35 percent or below loss of capacity”. The aim is to encourage more Islanders into work, particularly those also on Income Support.

The press release, entitled “New rule for long term incapacity allowance” is published on the States website. It notes that:

“LTIA is a health-related benefit which is based on the individual’s mental or physical condition. It does not assess their ability to work and many people receiving this benefit are already working.”

“The proportion of people who only receive LTIA, but who still work, is three times greater than the proportion of people who are working and receiving both that allowance and Income Support.”

“The people who are affected by the change are being contacted by Back to Work and will be offered appropriate training and support to look for work.”

But there are unanswered questions about this change. For instance, who decided it? Was it the Social Security Minister herself? Did she consult those who assess long term incapacity allowance, such as doctors? How did they respond? Was it more of a political decision than a medical one?

A sample of the form is available on the department website, and covers a wide range of medical conditions, some physical, some mental. I notice that one of the physical ones – “I cannot stand for more than 30 minutes without the support of another person” would almost apply to me! Although I would phrase it differently - I cannot stand for more than 30 minutes without having to sit down or suffer increasingly acute back pain. Fortunately my work is sedentary. But it illustrates a matter I will return to: the kind of work you can do depends upon your capacity.

The mental incapacity part of the form does say “complete this form yourself or with help from someone who knows you, such as a family member, carer or support worker” which I think should in fact say “or with help or by someone who knows you” as the person concerned may not be in a state to complete any form with help, only for another person to complete it on their behalf.

Somehow or other these details, and an assessment by a doctor, goes into a black box, and out of it emerges, among other things, a percentage relating to the loss capacity for work. There is no detail of how this rather occult process works.

This contrasts, for instance, with California, which has guidelines on assessing this in detail. In the preamble, it notes that:

“In determining the percentage of permanent disability, account shall be taken of the nature of the physical injury or disfigurement, the occupation of the injured employee, and his age at the time of such injury, consideration being given to the diminished ability of such injured employee to compete in an open labor market.”

“A rating can range from 0% to 100%. Zero percent signifies no reduction of ability to compete in an open labor market while 100% represents legal total disability. Total disability does not mean that the employee cannot work, but rather represents a level of disability at which an employee would not normally be expected to be able to successfully compete in an open labor market. Permanent partial disability is represented by ratings between 0% and 100%.”

It also explains that:

“Two distinct systems are used to describe a disabling condition - the objective/subjective index and the work capacity index. Either or both indexes may be used to describe a particular condition, and each, when used, yields its own disability rating . When both are used, the index producing the higher rating is used.”

“The objective/subjective index is a composite of objective and subjective factors. Objective factors are physical losses or losses in function that are directly measurable. Typical examples would be amputations or reduced range of motion of a joint. The Schedule provides standard ratings for many impairments, frequently at their most disabling extremes. Subjective factors are those which are not directly observable or measurable, the most common being the disabling effects of pain. Pain is characterized in terms of body part affected, intensity, frequency, and activity giving rise to the pain. Typical examples are constant slight pain in the back or moderate pain in the elbow on heavy lifting.”

And goes on to explain the other index:

“The work capacity index characterizes limitation in relative rather than absolute terms. That is, the disabling condition is described in terms of a percentage loss of pre-injury capacity for the specific individual. A typical example of work capacity limitation would be a "loss of approximately one-quarter of (the injured worker's) pre-injury capacity for lifting."

And there are detailed guidelines for determining his, with a summary as follows:

“Two different sets of work capacity guidelines have been devised to correspond with large functional systems of the body. The Spine and Torso Guidelines apply to injuries of the neck, back, pelvis, abdomen, heart, chest, and lungs. The Lower Extremity Guidelines apply to hip, leg and foot injuries”

“After the occupational variant is found, the standard rating is modified for occupation by reference to tables found in Section 5 of the Schedule. Find the standard rating in the column entitled "Standard Rating Percent" and read across the table to the column with the letter reflecting the appropriate occupational variant.”

So there are a lot of factors involved in these assessments, and the one advantage the California system has over the Jersey one is that it is not occult, in the meaning of the word as “hidden”. It is transparent, and explains exactly how it works, how doctors and other professionals assess a condition. Jersey is completely lacking in transparency. California, for example, notes that:

“The Schedule creates an arrangement of disabilities and values which stand in relationship to one another. It provides the structure necessary to assign a standard to a non-scheduled disability according to its seriousness. For example, "a leg disability requiring the injured worker to sit for approximately 3 hours of the work day" would be a disability that falls midway between two scheduled disabilities, "Disability Precluding Prolonged Weight-bearing" (20%) and "Disability Resulting in a Limitation of Weight-bearing to Half Time" (40%) and would be assigned a 30% standard.


In fact, although it is detailed in schedules and guidelines to follow, it also gives examples of injury which cause incapacity, for example:

“A 43 year old grocery checker sustains an injury to the major elbow resulting in inability to do repetitive gripping with the hand.”

Repetitive strain injuries can impact on the ability of an individual to use a keyboard efficiently, for instance with touch-typing, and I know of an individual who in fact suffered from this severely. That may also impact on grip, as with the grocery worker shown, which in turn restricts the capability of the individual to undertake many kinds of work, even if they do not suffer other forms of disability.

Now what work someone can do will be restricted by their incapacity. A British Columbia report from 2013 gives an example:

“An orthopedic unit nurse and a nurse case manager both suffer a spine injury that limits their lifting to no more than 25 pounds. The impact on each of these nurses would be significantly different. The orthopedic nurse would be unable to perform her pre-injury occupation because her work demands are very physical in nature including heavy lifting related to patient handling. On the other hand, the Case Manager work is sedentary in terms of physical demands so likely she would be able to perform her pre-injury occupation".

If the kind of work the individual is capable of is not taken into account then the percentage incapacity on a purely medical basis will vary, and of course, the incapacity, while not restricting an individual from working, may well limit the employment opportunities available to them.

What really would be helpful, but what we probably won’t get, is the types of incapacity in that 5% gap between 30 per cent or below loss of capacity and 35 per cent or below loss of capacity. We have no examples of the kind of people whom this will effect, or the kinds of work they will now be expected to look for. Will “appropriate training and support to look for work” also take into account appropriate work?

What it appears from the terse press release is that a number of individuals will receive communications telling them to contact the department, to look about finding employment.

And we are not told how tactful that communication may be, and how much the entire press release is trading on the idea that the Minister is targeting those lazy work-shy people who claim incapacity but would be perfectly capable of working.

A tactless communication could cause considerable stress, and a sample of the kind of letter sent would at least be reassuring. Letters sent by social security in the past have not always been models of tact and diplomacy, and seem to have been penned by people who have lost sight of the fact that there are human beings at the other end of their sometimes threatening missives.

The impression coming forward in the media it that this more an exercise to save money than to benefit those people who might like to work, but can’t. The 2% blanket cuts requited from departments may well have prompted this sudden change more than any medical consultations.

If it was genuine, then surely it should be brought in tandem with the disability components of the discrimination law. That this is preceding that, and unconnected with it, suggests budgets rather than welfare are the driving force, as with proposed prescription charges.

Faced with saving money, the Minister decides that a change in percentage incapacity can claw back some funds. There has not, as far as I am aware, been any public consultation, because that would cause delay, take time, and the Medium Term Financial Plan is pressing.

Rehabilitation and Forgiveness - Part 1

Rehabilitation and Forgiveness - Part 1

For Lent, I have been reading a biography of John Newton. Newton joined the Navy but then became a Captain of slave ships. After a very stormy sea in 1748, his ship almost sank off Ireland, and he awoke in the night and called out to God, as the ship filled with water. The cargo sifted and blocked the hole, and they were able to make it safely to port.

That was the start of his conversion to Christianity, but he continued to ply the slave trade, although he took more care of the slaves themselves. By this time, he had stopped himself swearing, and given up gambling and drinking, and was reading the bible.

After suffering a stroke in 1754, he gave up the sea, but continued investing in the slave trade. He became tide surveyor at Liverpool in 1755, studying in his spare time Greek, Hebrew and Syriac. He applied to be ordained as a priest in the Church of England in 1757, but it was to be seven years before this was accepted. He received Deacon’s orders in 1764 and was appointed curate of Olney. He became well known for his friendships with non-conformists, and for his pastoral care as much as his beliefs.

In 1788, 34 years after he had retired from the slave trade, Newton broke a long silence on the subject with the publication of a forceful pamphlet “Thoughts Upon the Slave Trade”. He was now a confirmed abolitionist and lent his support to William Wilberforce. In his book, Newton speaks of “a confession, which ... comes too late ... It will always be a subject of humiliating reflection to me, that I was once an active instrument in a business at which my heart now shudders.”. He had copies of the book sent to every member of parliament.

The story of John Newton is a story of change, of how a man so steeped in such an evil trade, can come to see the error of his ways, and can even fight against what he had done in the past. It is a story of redemption, and shows us how people can change for the better, whatever their past mistakes.

Newton went blind, but he penned these verses:

Amazing grace! (how sweet the sound)
That sav'd a wretch like me!
I once was lost, but now am found,
Was blind, but now I see.

There is a blindness that is to do with how we judge people, and how the burden of their past can affect how we treat them in the present. It assumes people cannot change – you cannot teach an old dog new tricks, a leopard doesn’t change its spots – these maxims reflect what we so often think.

In a time of Lent, what better to give up than old grudges and let eyes be opened to change that can happen? It is not so much for their sake, as for ours. People to change for the better. Let's not be blind to that.

Angels with Dirty Faces

For today's poem, I took theme of angels, which is currently that in a poetry group I belong to.

The title of course, is pinched from the James Cagney film of the same name. I watched a lot of old black and white films when I was young and that was a very good one.

I wanted to get away from the Angels of "Touched by an Angel", the TV show, all sweetness and light, and go back to the letter to the Hebrews - "Do not neglect hospitality, because through it some have entertained angels without knowing it."

Angels with Dirty Faces

Touched by an Angel, so joyful and sweet
But is that really how it is? Such a dream
That they should be perfect, so very neat
Or is it rather things not as they seem?

Did you see that beggar, asking for aid?
And did you turn away, go swiftly by?
He looks dirty, smelly. Don't be afraid
He was an angel. And that's not a lie.

And the old woman, says funny things
Do you turn away, leave her outcast?
And did you expect angels with wings?
Don't be afraid, and see truth at last

Angels with dirty faces, found all around
Love knows the way, love there is found

Cinderella is Bankrupt

Cinderella is Bankrupt

Channel Television had this report:

"Reacting to the news that the vegetable grower, Amal-Grow, will pack up production, Jersey's Environment Minister Steve Luce said it will be a real blow to the local market and consumers.”

“Amal-Grow supply fresh vegetables - and salad crops when in season - for shoppers in both Jersey and Guernsey through Channel Island Co-Operative Society, Waitrose and Sandpiper Food Hall stores.”

“The Co-op's Operations Manager Mark Cox said he is disappointed that Amal-Grow are looking to close their business as the Co-op spend £1 Million each year on their produce. He said his customers prefer local produce but the supermarket might now be forced to import vegetables from the UK.”

Below I print the reaction of one of my correspondents. I should mention that I agree with it in places, but do not wholly endorse it regarding food quality. I do buy local produce, and although it may be more expensive, I do find the quality and taste is usually better than imported, refrigerated, and often tasteless produce.

I think we do need local produce, for a number of reasons:

Food security – while we have not got enough land area to wholly sustain the local population, it is important to keep at least a toe-hold in local produce. The island is dependent on imports, and it is not sufficiently realised that food chain is like a delicate jugular vein, easily ruptured. At present fuel costs have gone down, but as they go up, food prices will rise commensurately.

Education – not enough has been done to educate people about the wasteful nature of our food chain. Food is sourced from many miles away to ensure the same produce is available all the year round. The ethical concerns about this are kept very low key. For a start, long-distance food hauling releases harmful greenhouse gases. It is also incredibly wasteful of fossil fuels to transport food long distances. But while it is cheap to do so, and people buy it, the market trumps ethics.

Seasonality – the local market is seasonal, and seasonality, because of the year round nature of sourced long distance produce, means that nothing much is seasonal – there are strawberries on the shelf as I write. The loss of the rhythms of the year is something which we badly need. It teaches us that we can’t just have what we want when we want it, like a spoilt child.

But I agree totally with Adam Gardiner over the States. Since Agriculture and Fisheries became part of Economic Development, it has become the Cinderella of Jersey. Finance has top priority, and tourism moved up with the Visit Jersey initiative. But when he was talking about the future to the Chamber of Commerce, Ian Gorst not once mentioned agriculture.

That shows just how low a priority it has been given by the Chief Minister, and the last Minister for Economic Development, Alan Maclean was also focused on the other island industries to almost the complete exclusion of agriculture.

This Cinderella has been neglected by the States, and won’t be going to the ball because her two sisters, Finance and Tourism, have taken the lion’s share of the funding. And don’t expect a fairy godmother to supply a solution. This is the real world, not a fairy tale.

When asked a question about agriculture at the Chamber Lunch, Ian Gorst replied that he wanted to see funds directed to where they would do most good, and not necessarily the larger conglomerates. If ever there was a message that was sent out that Jersey was closed for overseas businesses coming here, that was it. If anyone from Amal-Grow heard that, how do you think they would react?

But perhaps other questions need to be asked. How did they fail to make a profit when the previous owner did? Or is it perhaps that they did not make enough of a profit for their shareholders? I’m not wholly convinced we are getting the whole picture here.

The net result, if they retain the Jersey Royal part of the business, will be an asset stripping exercise, and it perhaps should also be asked how committed they were to the whole business, and not just that bit they wanted.

Adam Gardiner’s Comment on the Amal-Grow news

Inevitable . The economies of scale are just not there as we export very little of that same produce that proudly displays ‘Genuine Jersey’ in the supermarket shelves. We have moved from extensive commercial growing to what in the UK is often termed as market gardening - although there is precious little of that.

The supermarkets have needed to react and have been forced to import supplementary stocks to satisfy demand. The reality is (and this comes direct from the horse’s mouth - if a well known supermarket chief will forgive that expression) that imported produce, where there is a choice, outsells local produce 6:1. That statistic has very little to do with price but everything to with quality - the local produce is (sorry to say) inferior in many respects, and continuity of supply has also become a serious issue.

Who should we blame?

Well, quite a few actually

The growers and marketing groups want the big one-off profits that can get from the Jersey Royal and shun the harder to make profits in growing other crops for local consumption. At the same time the growers have protected their land rights so that no other enterprise has been able to establish an alternative supply. The Thorpe Report determined that an average family of 6 people (as it was then) needed around 146sq.yds of land to be self sufficient year round. The rough extrapolation of that says that for Jersey to be self sufficient just 240 hectares need be in cultivation. Jersey is roughly 12,000 hectares. To put into perspective, St. Mary measures 650 hectares - so just less than half of that Parish in area.

The public as said earlier are NOT buying local produce despite what many people say to contrary. The public are simply not telling the truth. We are kidding ourselves.

However, the largest proportion of the blame must lie with the States who have simply not invested time and energy into agriculture or have passed legislation that would allow young entrepreneurs to enter the industry by compelling landowners to release land. If, for example, a field that remained uncultivated were to be ‘surtaxed’ in some way, that may provide the necessary incentive to either bring it into production or for the owner to give a long-term lease to an independent tenant grower

Also, the States are forever re-zoning land. Land prices in Jersey are such that a field of around 5 verges has a value of over £3m if it can be re-zoned for building. When farm buildings (house, attendant barns, hard standing etc) themselves occupy at least 2 verges you can see why growers are reluctant to continue in growing when they could pocket at least £1.5m, buy a comfortable flat at Castle Quay, and remain substantial landowners into the bargain. No incentive to stay in growing and the States have done nothing to address that.

If nothing else, this must be fantastic news for Lucas Bros and Holmegrown - the last two independent growers of any size.

Some Recent Ministerial Decisions

Musical Teams

According to the Ministerial decision, the “Tax IS Team” will be moving from Treasury to the Chief Ministers department. But only virtually, not physically.

“The Tax IS Team will remain physically located within the Tax Office and continue to provide dedicated support to the Tax Office. However, operational, HR and financial management will be administered by CMD.”. It appears this team is IT related, and I assume IS is "information support" in this context. Really, the States website could do with an acronym finder.

The part of the team being moved includes a Director, Deputy Director, Assistant Director, Implementation Manager, three Implementation Analysts, a Technical Support Analyst and last and probably least, a Data centre Officer PEST, who no doubt says "Please Excuse Slow Typing". Some fancy titles there, and it would be nice to know exactly what they all do.

So it appears they stay where they are, but their personnel, budget, and assets (ITAX computer system, Server, Disaster recovery site server) will move to the Chief Minister’s Department.

The reason given for the move is as follows:

“With the increasing complexity of the technology infrastructure and the applications it supports, the organisation needs to combine its skills and capacity in information services; rather than continue with isolated teams expected to keep current with ever expanding technology trends.”

I am at a loss to see how a transfer on paper will do this, especially as they continue to stay exactly where they are, but just report upwards to the Chief Minister’s Department rather than the Treasury. It seems rather like saying of a small shop – you will be staying where you are, but instead of reporting to the head of grocery, you will now report to the head of retail. Managerial responsibility has changed, but the team remains where they are. Quite how changing managers helps isolation is not stated.

Also included in the transfer is £1,468,517 near-cash.

What precisely is “near cash”, you may ask? My jargon buster tells me that “Near cash" is a term used to describe assets that are not currently in the form of spendable cash, but could be converted into cash within a short period of time. Or if this involves IT people, they can cash in their silicon chips.

Emerging Emergencies

"Chief Minister to approve the transfer of the Emergency Planning function from the Chief Minister’s Department (CMD) to the Home Affairs Department (HA). Following a discussion between the Chief Executive, Emergency Planning Officer and the Chief Fire Officer in 2014 it was agreed that it would be more efficient for the Chief Fire Officer to line manage the Emergency Planning role and budget, if it were transferred to the Home Affairs Department."

Yes, another move of management from one area to another. Interesting, we learn along the way that Emergency Planning budget amounts to £150,031. It would be interesting to know how much of that is the salary of the Emergency Planning Officer, who I believe is still Mike Long.

He is supposed to plan for contingencies, but as you may remember, was caught out in March 2013 when the siren at La Collette started sounding out across the Island, leading to a veritable Twitter storm. Social media sites complained that there was no warning about the scare, and Mike Long said that methods for informing Islanders about what to do in an emergency would to be reviewed.

I haven’t heard anything more about what to do in an emergency, so presumably this is an ongoing review. Will two years be enough, do you think? Or did it get forgotten?

Crown Advocates (Jersey) Law 1987: Amendment

This is an interesting one for anyone who has made submissions to the Carswell review or looked at the separation of powers.

"The Legislation Advisory Panel has recommended that the Law should be amended in accordance with advice received from H.M. Attorney General, and further to the recommendations contained in the “Carswell Review” namely that the Chief Justice would not ordinarily expect to have any say in the appointment of a prosecutor which the Review regarded as inappropriate. The Chief Minister noted that the Bailiff and Deputy Bailiff had been consulted on the proposition and had agreed to the proposed amendment."

Or to put it in a nutshell, as it stands, the Bailiff’s consent is needed for the appointment of a Crown Advocate – he has a veto over the appointment. That is being removed.

The Bailiff also has a veto over which propositions can go before the States, which as a non-elected member, he should not have. Indeed, the current Bailiff, when Deputy Bailiff, appeared to use it to block a proposition by Deputy Mike Higgins, and the Carswell review also notes other cases where former Bailiff Sir Philip Bailhache blocked propositions from States members. In a democracy, a non-elected speaker should not have that right. It would be nice to see that consent removed as well.

Taxing Business

"The Chief Minister approved a request to be made to the Law Draftsman for further amendment of the Foundations (Jersey) Law 2009, which it was noted is already proposed to be amended by Regulations in respect of a record keeping requirement under the Financial Action Task Force (“FATF”) Recommendations."

This is actually deserving of higher prominence. I know it sounds dull, but stick with me. FATF is the Inter-governmental body developing and promoting policies to combat money laundering and terrorist financing

FATF published in 2013 a “Progress report and written analysis by the Secretariat of Core Recommendations”, and one of the recommendations was:

“Clarify the identification measures to be taken to satisfy a requirement in the Money Laundering Order to apply CDD measures (including enhanced measures) in a case where there is no face to face contact between the relevant person and the individuals who are concerned with a trust or foundation, or individuals who are the beneficial owners or controllers of a legal body – where the arrangement or legal body which is to be the customer is administered by a regulated trust and company services provider”

So there is a general tightening up of measures for due diligence according to International standards to ensure that clients can be properly identified, and not a fake identity for the purpose of money laundering. The JFSC also published sanctions lists of known individuals for companies to check their databases against.

In short, the work of regulation goes on in the fight against money laundering, but it can be incremental and low key, and hence gets overlooked by those people who make sweeping and often ill-informed generalisations about Jersey’s finance industry.

The Shipping News

Shipping (Fishing Vessels Safety Codes of Practice) (Jersey) Regulations 201-

"The current Shipping (Fishing Vessels Safety Provisions) (Jersey) Order 2004 replaced and slightly updated an old regime of triennial Regulations."

"It is now ten years out of date. Fishing boat accidents, sometimes leading to the tragic loss of life, continue to occur and the need for good safety awareness, modern equipment, good training and drills remains paramount in what is traditionally a dangerous industry. In the meantime, design, training and safety equipment standards have changed and the United Kingdom have introduced and continue to evolve modern Codes of Practice underpinned by law."

Perhaps prompted to finally get something changed by the accident when the Condor vessel struck and destroyed a fishing vessel, and one man died, Jersey is finally getting its act together. Apparently this has been a long time in consultation, but now is ready to go before the States. Much needed, I think.

The sea is treacherous enough, the Grey widow maker, as she is often called, and for once it is not health and safety gone mad, but very sensible regulations needed to keep crews safe. I remember in 1996 when the a Jersey boat developed a fire in the engine room, and the captain evacuated the crew, but tragically died himself. Could better regulations have prevented this tragedy? Possibly not, but everything that can be done should be done to ensure safety at sea.

A Property Guide from 1968

[Above a corner of Miladi Farm Estate mentioned below]

From the Jersey Topic 1968, I present a property guide. Now property guides may seem a dull affair, but it is interesting to look at the situation back in 1968, and see how similar and how different were problems that beset the estate agents of that era. This was a time when there was property price controls on the sale price of properties. It shows, I think, how price controls just don't work - all they encourage are ingenious ways to circumvent them! At the same time that clever ways of circumventing them were being used, the estate agents themselves were forming, for the first time in Jersey, professional bodies to raise standards. Ironically, of course, standards did not include legitimate devices to get around price control

The prices themselves are extraordinary - to see affordable housing at £5,000! Of course, the galloping inflation of the 1970s made a difference, but even so, possibly would not have been quite as high as today. In 2011, £5,000 would have been the same as £173,000.00 in 2011.

What is also interesting is that the estate agents, as with Mr Langlois in yesterday's post, did not want complete abolition of price control, but a protective limit retained for making sure there was still affordable housing at the lower end of the market.

From Jersey Topic, 1968

Topic Property Guide: Supply and Demand
October is here bringing with it the usual boom for local estate agents and the ever-increasing influx of would-be residents escaping from the Labour Government and death duties.

This is a particularly tricky time for estate agents for it is now so difficult to know just what is in the minds of the Housing Committee and it is taking so long to find out whether or not an application has been accepted. They have instituted a new, delaying tactic now in that when an estate agent telephones to find out if a particular application has been agreed or not he is told that such information will not be given over the telephone. How on earth are estate agents expected to operate under these circumstances-and how do they explain to irate would-be purchasers that it is the island's government that is to blame?

It is difficult to understand what goes on in the Housing Committee's mind. They are trying to regulate the law of supply and demand to keep the price of property down so that local people can buy. This they can never hope to achieve for there are so many ways around this law. Companies are formed and the house made part of the assets of the Company and then the company is sold, taking with it the assets, i.e. the house. These deals never go through the Housing Committee. Purchasers who find that the Housing Committee has put a price on a property which is too cheap for the man who is selling agrees to buy at the price set by the Committee and then makes the price up by buying the garden roller at a cost of £3,000. No one can alter the law of supply and demand and Jersey has to face this fact.

All over the world property prices are increasing at a considerable rate. London prices are probably higher now than in Jersey and these have rocketed by over 100% in the last five years.

The time has come for Jersey to use a much clearer form of control if it is felt that controls are necessary. This should have clearly defined lines so that estate agents know exactly where they are and can advise their clients, As the aim is to ensure that the Jerseyman in the lower price range is protected against rocketing prices then a limit of, say, £10,000 should be set. Anything under this should go before the Housing Committee-over and above, the market should be quite open. There can be no reason why the Jerseyman should be cosseted in the expensive price range.

This would stop cases like the one I heard of this month. A man who is an expert in agricultural machinery offered £11,500 for a house which had been on a number of estate agents books for over six months and which was heavily advertised. This application was dismissed-even though the agents had never had an enquiry for it.

Lower Price Range

In the last year there has been a great deal of movement in the lower price range (which hardly affects the outside purchaser, They are not very interested in the £6,000 properties). A number of firms have realised that if they can build these types of houses and still show a reasonable return on their capital then they must sell well.

A typical example of this are the lovely town houses built in Grosvenor Street, about which I wrote a few months ago. Nelson & Co. handled the sale of these and they tell me that the four of them sold quite quickly. They proved so popular that the company who built them are planning to build more in other parts of the town. This type of development should be welcomed for they replace old and unproductive buildings with new and modern homes that are realistically priced.

Also due to get under way very shortly is a big project at Miladi Farm, Longueville, where about 135 fully centrally heated houses with garages in the £5,000 range are to be built by H. P. Davies. It is to be hoped that these properties will come under the States Loan Scheme for there is bound to be a big rush on them by Jersey people aiming to get what most people want - a house of one's own.

Temperley

Two final notes on the sale of Temperley, St. Lawrence to Mr. Paul Lee, for £65,000. This was the second largest house sale for a number of years, the other one being Lady Trent's, house almost next door. The Temperley sale was handled by de Gruchy, in conjunction with Langlois' Estate Department. Mr. Lee is keeping his present home, Whispering Pines above Bel Royal for use by Mrs. Lee's parents, Mr. and Mrs. Dick Parker,

Professional News

The number of agents belonging to the Jersey Auctioneers and Estate Agents Association is still increasing and four more have recently joined. This now gives the Association a very strong membership in the island. Jersey's branch of the Valuer's Institute welcomed four members from Guernsey recently and planned to hold a meeting in Guernsey later in October to encourage membership there.

The Jersey branch has a membership of fourteen. Both of these bodies are going to ensure that the public gets a fair crack of the whip and that the handling and management of real estate is given professional status. This can only be good.

Interview with Mr A.G. Langlois

From the Jersey Topic, 1965, an interview which gives an interesting slant on how different the Island was back then. I'm not sure when housing price control ceased, and I was not even aware it existed until I read this article.

After the abolition of price control, the market was not tightly regulated, but there was still an economic constraint. Affordable homes remained pegged to some degree by the States Loan system. As the loans increased, the bottom rung of the ladder increased in price. I remember when it went up from around £30,000 to around £75,000 and the price charged by developers jumped by the same amount overnight; from struggling to realise a profit, they could now take a pretty high return.

After the States Loan was abolished, the affordable homes at the bottom of the market went up very rapidly, no longer having any economic constraints, so much that the term "affordable" certainly means something very different from what it did back in the 1980s and early 1990s. I think that is regrettable, and an example of the States being unaware of the unintended consequences of their actions: while trying to free the market for affordable homes, "affordability" became something out of many more people's range. I think that was a wrong direction to have taken.

Interview with Mr A.G. Langlois
Governing Director of Langlois Limited

He sat in an office surrounded by busts. And he apologised for them. "I don't normally have my office decorated like this, but we've been renovating and at the moment we have nowhere else to put them. Anyway I think they give the place some character".

"That one there" he told me, pointing to a lovely bronze Siamese woman, "is a beautiful piece of work. I discovered it in a warehouse in London where it was part of Mrs. McClean's collection. It had been listed as a metal bust and no value was attached to it. In fact it is Epstein's Rani Rama and is worth about £1,000."

Mr. A. G. Langlois shares his expansive office with his two sons, Tony, who is 24 and John who is 22. Both of them have studied at the London College of Distributive Trades and both are beginning to play an important part in running one of the largest businesses in the Channel Islands.

,lust how large is this business? "We have a staff of over 100 in Jersey and about 35 in Guernsey. Our business started in 1936 when I setup as an estate agent and auctioneer. As the years went by we went into the furniture business and then removals, Now we have over 35,000 square feet of showrooms, large depositories and considerable property in both islands. The side of the business in which I am most actively engaged is valuation and auctions. I especially enjoy, of course, the antiques".

I asked him what he considered to be the island's most pressing problem. "Undoubtedly housing" he replied quickly.

"It has been a problem for as many years as I care to remember, and it will go on being a problem. Somehow we never seem to be able to keep pace with the demand. I think that the Housing Committee these last three years are really getting to grips with the problem after being in the doldrums for so long not seeming to know which way they were going, but it is still terribly difficult for young people to find living accommodation".

As President of the Jersey Association of Auctioneers and Estate Agents I expected him to have some strong views about the current controls being exercised over the sale of property by the Housing Committee. I was not disappointed.

"The present position is far from satisfactory. Estate agents have no idea where they stand. A person comes to see us to buy a property and we may spend a lot of time with them. A deal is agreed and then that person has to go to the Housing Committee, who can veto the sale on the grounds that the price is too high. This is surely ridiculous".

Did he not think that controls were necessary? "Indeed I do. In times of land famine I think that controls are essential but they must be sensible. Surely the idea of controls is to make sure that the Jerseyman is not priced out of the market when it comes to buying a house. I think Guernsey has a much more sensible method of control in that property over and above a certain rateable value becomes de-controlled. We could institute a system in Jersey based on price. Property under £10,000 should be controlled but over that they should be allowed to be sold on the open market".

He was, he said, delighted that local estate agents had decided to form a solid and professional body for the protection of the public against unscrupulous operators. "I first mooted this idea over 20 years ago, but we could never get all of the agents to agree to come in. Now the association has been formed and this can only be for the common good of all concerned. It will give the public some form of redress against members who break the code of conduct and act unethically. Any association that protects the public is good".

I then asked him why he had never stood as a member of the States, "After the war I was a member of the Jersey Progressive Party and we actively campaigned for a re-constitution of the Jersey States. What we set out to do was to bring some system of democracy into a system of government that was frankly feudal. We put up twelve members and it was agreed that I should be one of them. But the business was growing all the time and I found I just could not spare the time to do it".

Was he happy about the present governmental set-up which the Progressive Party had helped to create? "Yes, I think it works well.What is beginning to worry me though is that more and more of the important work is being left to a smaller number of members and what is going to happen when these members retire from public life. There are so few young men coming through with an interest in politics".

He would not, he said, support the payment for members. "I believe stoutly in the honorary system and would not like to see this go. However should a wage earner be elected to the States some means should be found to compensate his loss of earnings while serving his constituents".

As a yachtsman and a former Commodore of St. Helier Yacht Club his efforts to promote good relations between Jersey and France are very well known in the island. "I think it is important that we have good relations with them," he said. "After all they are our next-door neighbours". He was, he said, shocked to hear a St. Helier Centenier make a public statement that French yachtsmen came to Jersey to steal.

"This was a disgraceful and irresponsible statement" he said. "I have no doubt that the Committees of both yacht clubs will take this matter further".

I left this enthusiastic, likeable man preparing for the biggest series of antique sales that he has ever conducted.

And I could not help feeling that it was a pity his business had claimed so much of his time. He would have made a colourful and responsible politician.

Pastoral Care and Church Politics in Jersey

“The findings of an inquiry into the handling of an abuse allegation should be made public, Jersey's dean has said. The inquiry into the handling of the complaint recommended no disciplinary action should be taken against any Jersey Anglican clergy member. The report has been kept confidential on legal advice and HG said its publication could cause her harm. The Very Reverend Bob Key said closure was now needed.” (1)

Now that gives the impression that no mistakes were made. But back at the time, the Dean said “

"I regret mistakes that I made in the safeguarding processes”. Clearly those mistakes were not enough to warrant disciplinary action, but mistakes they were.

There is also a focus on “no disciplinary action should be taken against any Jersey Anglican clergy member”. But the complaint originally was not about the Anglican clergy at all, it was about a churchwarden.

This was the churchwarden, of whom the Korris reported noted:”He is too tactile, stands too close to women, touches too much/inappropriately. His manner was deemed to be inappropriate to such an extent that he was chaperoned within the church when in close proximity to women.”

No action was taken against the churchwarden, but clearly it was inappropriate for him to be in such a position of trust within the church. How safeguarding policy has changed and improved is something we are still waiting to find out. That is local to Jersey. That could be made public now if the Dean and Jersey Synod so wished.

Korris also noted that:

“There seems to be no spirit of willingness or inquiry in this matter. I found that some of the Island clergy had been actively discouraged by the Dean of Jersey from fully engaging with me and therefore complying with the Bishop’s request."

This is mentioned in the Dean’s apology for mistakes he made – “I understand that, upon reflection, it would have been more helpful if I had co-operated more fully with the Korris [safeguarding} Review.”

In an email to the Bishop of Winchester in January, HG said that the Steel Report would be “a whitewash, lacked independence and its publication could cause her serious harm.”

It is an attested fact that Dame Heather Steel has not met HG and interviewed her, so that important testimony would be missing from the report. It is hard to see how a report can be wholly complete without a principal witness participating.

From a pastoral point of view, the possible publication of the report is like a sword of Damocles, hanging over the future of HG, threatening stress and trauma. It can be almost guaranteed that its publication would be used as a stick to discredit her by some of the “leading Anglicans” in Jersey who have already attempted various forms of character assassination.

The best form of closure for her, then, would be a cast-iron guarantee that it would not be published.

The question is what does the greater harm? Publication or not? The Dean has the support of a strong local Anglican contingent, and has been reinstated. HG was summarily arrested and pushed off the Island, going from employment and flat to destitution and poverty, and has had to rebuild her life as best she can.

What we have is a conflict within the Jersey church between the demands of church politics, and the considerations of pastoral care, and the latter seems to be placed very low on the agenda.

But what is also significant, and unseen, is that Bishop Trevor, the Bishop of Dover with oversight of the Channel Islands, has not lent his weight in public to these demands. Described as a canny political operator within the Church of England, I suspect he is more likely to sit on the fence for a long time.

And at the time of his apology, the Dean said:

"Together, the bishop and I are committed to the importance of safeguarding children and vulnerable adults in Jersey and to working to ensure the safeguarding procedures of the diocese achieve this as part of the whole church's mission."

It would be good to know that vulnerable adults are being treated with respect, and that procedures have been improved so that unreported meetings (without proper minute taking) and bullying no longer takes place. Have lessons really be learned?

The procedures should, of course, also be documented. Unfortunately, a perusal of the Parish of St Helier website has links to documents on the Jersey Canons but none on safeguarding vulnerable adults.

That is the document that is really needed.

References
(1) http://www.bbc.co.uk/news/world-europe-jersey-31478003