Not a Resigning Matter

Sir Thomas More: You threaten like a dockside bully.
Cromwell: How should I threaten?
Sir Thomas More: Like a minister of state. With justice.
Cromwell: Oh, justice is what you're threatened with.
Sir Thomas More: Then I am not threatened.
(A Man for All Seasons, Robert Bolt)

Bailiff beats no confidence vote

I'm not surprised about this - a proposition to the States "that they have no confidence in the Bailiff as President of the States, and to agree that Her Majesty be requested to dismiss him from office."

The grounds were flimsy in the least. With regard to the Roger Holland affair, the bailiff, Sir Philip Bailhache, has already admitted he should not have allowed Roger Holland to join the honorary police in 1992

I am afraid that it is easy to be wise after the event. My decision in 1992 not to refer the election of Roger Holland as a Constable's Officer back to the Royal Court was made in good faith on the basis of the facts known to me at that time. With hindsight it is certainly possible to say that a different decision ought to have been made, particularly given the harm done to the victims of some of his assaults. We owe it to those victims to make sure that the Island is alert to the problems which arose, and to ensure that they do not arise again.

That is about as close as a lawyer can get to saying (1) I've made a mistake (2) I will see that it doesn't happen again. Let's be realistic about it! It is probably in part why the appointment of one Centenier in St Brelade was questioned because he had a thirty-year old offense of theft from a school canteen (and nothing since) - the message being we will not mess up again.

There was no evidence that he has in any way failed in his judicial role, as attested by a recent letter in the JEP by Advocate Charles Thacker (president of the Law Society of Jersey). Although it would be interesting to know what Advocate Sinel might have said about the Cantrade scandal, and the Bailiff's role in that. But Shona Pitman didn't bring that much more interesting matter up.

Regarding the Liberation Day speech, the topic was a gross miscalculation by both Sir Philip and Frank Walker, and as I've said before, people I know who were here during the Occupation (I'm not quite that old) were pretty disgusted with it, especially saying that the child abuse is not as bad as media reporting of Jersey . He should have apologised for that. A greater man would. He also blundered into the political arena when he said that "Senior politicians, should know better than to attempt to subvert public confidence in our judicial institutions in pursuit of a personal agenda." as it was clear he was pursuing his own agenda.

I don't know why everyone is going on about dismissals and so-and-so should resign, as if they expect them to do just that. We've had calls for Mike Pollard, the Bailliff, Frank Walker, the Council of Ministers and old Uncle Tom Cobbley and all to resign. People just don't resign like that despite the belief that somehow they should and if enough people vote on blogs they will see that and go.

This is apparent if you look at here and Guernsey. Over here - Gerald Voisin had to be voted out, he would not resign. In Guernsey, over Fallagate, Laurie Morgan refused to resign, and was only removed when his Council of Ministers resigned completely.

Reasons people resign:

a) Financial

Jeffry Archer resigned - an embarrassing bankruptcy forced him to give up a seat in the House of Commons. In recent times, two ministers accused of taking cash in return for asking questions resigned.

b) Sexual scandal

Mark Oaten resigned from the Lib Dem leadership election. His departure appeared to be because he had failed to attract enough support from within the parliamentary party (he was backed by two MPs). Two days later the News of the World revealed he had a relationship with a male prostitute a year earlier.

c) Political Rows

Michael Heseltine resigned from his cabinet job after a row with Thatcher over the Westland affair. Heseltine thought his views on the future of the helicopter company were being ignored and stormed out of No 10.

d) Knowingly Lying (and being caught out)

Profumo's sexual relationship with Keeler and his false statements to the House of Commons regarding its nature led to Profumo's resignation.

e) Criminal Matters

For example Peter Hain, Jonathan Aitken

I'm sure there are others, but my main point is that very few Jersey politicians or Chief civil servants can be shown to have come under any of those headings, and despite suspicions (for example about lying) there is no hard evidence to support their critics.

Why do we need strong evidence? I'll finish with one of my favourite quotations from Robert Bolt's A Man for All Seasons, which says it all:

William Roper: So, now you give the Devil the benefit of law!
Sir Thomas More: Yes! What would you do? Cut a great road through the law to get after the Devil?
William Roper: Yes, I'd cut down every law in England to do that!
Sir Thomas More: Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man's laws, not God's! And if you cut them down, and you're just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake!

Having the last word

http://www.thisisjersey.com/2008/07/01/bailiff-hits-back-at-criticism-of-speech/

Speaking at the swearing-in of new Assistant Magistrate Bridget Shaw, Sir Philip Bailhache condemned politicians who have attacked the Island's judiciary, calling them 'ignorant and unwelcome'. After saying that he 'deplores' such actions, he added: 'Senior politicians should know better than to attempt to subvert public confidence in our judicial institutions in pursuit of a personal agenda.'

But wasn't this the same Sir Philip Bailhache who followed very much his own "personal agenda" on Liberation day, with complete disregard for the Islanders who were here in the Occupation, and whom I know (because they told me) thought his hi-jacking of the day was a complete subversion of the day?

Wasn't this the same Sir Philip Bailhache exposed in BBC Radio's "The Investigation" as the Attorney General who approved the appointment of Roger Holland, and would not rescind that appointment after information about Holland's background had come to light? What message of "confidence in our judicial institutions" does that give? Was that, as the JEP headline put it, in another article about the egregious Bailiff, "championing the welfare of children"?

And incidentally, is this the same Sir Philip who now appears (to me) to have used the appointment of Jersey's first female magistrate not as a cause of celebration, but an excuse to sound off on his own agenda?

He seems to always want to have the last word. Does he like to feel in control, in a position of dominance? Is he hitting out in anger at criticism?

I'd let the reader make their own mind up.

But these comments on the kind of people who need to "have the last word" may be of interest:

http://improving-relationships.suite101.com/article.cfm/break_6_bad_habits_to_succeed

Having the last word: The typical last-word-master takes anything one party says and exceeds it. Implied is the phrase, "I can top that." This is a specific form of conversation domination, generally conveying the message that no matter what the first party described, the dominator has had it better (or worse).

and on "Anger Management", for students - and adults who still behave like petulant children:

To ensure the effectiveness of anger management, some program developers have noted that training may need to be made relevant to the students being trained. For instance, aggressive students seem to have a strong need for retaliation. They often consider "having the last word" or "striking the last blow" to be a win. Trainers can work with students to help them understand that, if they respond when provoked, they have been manipulated into losing control of themselves (e.g., they lose). In order to win, they must learn to walk away.


Links:
http://improving-relationships.suite101.com/article.cfm/break_6_bad_habits_to_succeed
http://www.unl.edu/srs/pdfs/angermgmt.pdf