Time for a Government Manual?

Bailiwick Express reported that:

"The signing of a compulsory purchase order to acquire land for the new hospital just days before last week’s election was “outrageous”, a newly elected Member [Philip Ozouf] has said. The land around the People’s Park and up Westmount, leading to Overdale Hospital, currently belongs to the Parish but the government is acquiring it through compulsory purchase powers. "

"Outgoing Home Affairs Minister Gregory Guida, who signed last week’s orders, defended his actions. “We were told by the States Assembly to build a hospital and that is what we are doing,” he said. “I was prepared to sign the second of two notification orders two or three months ago but it had to go through a formal process and things took time. “They landed on my desk in the week of the election but that did not stop me signing the orders.”

Now as in the UK, the States and Government are two separate institutions. The Government does not resign when the States cease to meet at the start of an election period. Government ministers remain in charge of their departments. The role of minister is independent of the role of States Member.  So technically Gregory Guida is empowered to do what he did.

However, in the UK, the "Cabinet Manual" sets out the main laws, rules and conventions affecting the conduct and operation of government, including how to behave once Parliament is dissolved.

"While the government retains its responsibility to govern and ministers remain in charge of their departments, governments are expected by convention to observe discretion in initiating any new action of a continuing or long-term character in the period immediately preceding an election."

It also states that:

"Ministers continue in office and it is customary for them to observe discretion in initiating any action of a continuing or long-term character. This means the deferral of activity such as: taking or announcing major policy decisions; entering into large/contentious procurement contracts or significant longterm commitments"

That is a matter of discretion rather than law, however, it is highly likely that if Jersey had a "Government Manual", it would have the same principles enshrined in it.

After all, it would be a waste of time if a new government promptly rescinded a government decision, which is entirely possible. When Deputy Guy de Faye was in charge of TTS (Transport and Technical Services) as Minister, he made a unilateral ministerial decision to allow a developer to dig up people's gardens and lay sewer networks without their consent. It was rescinded after Senator Ben Shenton brought a proposition against it.

For details, see my blog "Drains and Dictators"
http://tonymusings.blogspot.com/2008/06/drains-and-dictators.html

This latest decision does, however, illustrate a last gasp of the contempt the current government has for the people of Jersey when making decisions, which we have seen on numerous occasions over the past four years when the government has taken as stance as "we know best".

Examples would be decisions on Covid which ran counter to STAC advice, and that of the outgoing Medical Officer of Health, the push for Overdale as a hospital site and the wholly inappropriate use of Les Quennevais school as a site to shove Overdale services (squeezing out some basic hearing resource centre activities), the decision (and fake video) on Plemont Ward, the push-back on revealing the Foreshore maps (and the vulture like activity of Property Holdings).

The arrogance of this government is not surprising, so Gregory Guida's decision to push ahead and "carry on regardless" is not unexpected. Unfortunately, unlike the comedy of the same name, this is more of a tragedy, but I'll leave the reader to decide which Shakespearian play bests fits the bill.