Three States Members have called for free publicity

THREE States Members have called for an official investigation into whether States police officers were paid by journalists for information during the Haut de la Garenne inquiry. Senator Ben Shenton, Deputy Sean Power and Senator Jim Perchard have written a joint letter to the Attorney General and the police chief calling for action in the wake of revelations and allegations about the News of the World.

It has been alleged that reporters from the Sunday tabloid not only routinely hacked the mobile answer phone messages of celebrities, politicians and the victims of crime and terrorism, but also paid corrupt police officers for information.

The three Island politicians say that they have been concerned since 2008 about the way the investigation was handled and have raised the matter in the States on several occasions. (JEP (1))

Deputy Sean Power, let us not forget came across a printed copy of a long e-mail from Senator Stuart Syvret to another States member. He glanced at it and must have been quite well aware that it was confidential, but it had obviously piqued his interest so much that he disregarded both the States members code of conduct and the Data Protection law. He scanned a copy by e-mail both to himself and to friend. At some point quite soon after this, he realised that he had perhaps acted unwisely and confessed all to the data protection registrar, who not surprisingly was not impressed.

Coincidentally, not long after that, the e-mail, purged of some named individuals, appeared on a blog site which was staunchly critical of Haut de La Garenne, and overstepped the boundaries of acceptable behaviour so much that it was closed down. He may not have directly been the cause of that leak, but once these matters get out by emails, they can easily go viral.

Despite attempts to keep Sean in the Council of Ministers, it appears the threat of a vote of no confidence by the deputy to whom the e-mail was addressed forced him into resigning as housing minister. He apologised to the States, but didn't apologise to the Deputy concerned for distributing her private property. The Data Protection registrar admonished him, but it didn't go further than that - the luck of the Irish held out.

So this is the record of one of the people asking for an investigation into possible leaks! And for someone who may be critical of Lenny Harper's hospitality budget, he might also care to explain his own expenditure of tax payers money of £1,038.53 for travel and entertainment? By way of comparison, the previous Housing Minister clocked up a mere £247.98.

Senator Ben Shenton, on the other hand, appeared to have his own unique way of following what a cynic might term best "News of the World" practice. Quite by accident, as he later said, he recorded a private conversation between himself and the planning Minister, Senator Freddie Cohen. He may well have mused over that when he was working, because it has been noted that he has an extremely poor record of attendance in the States, and, it appears, has adopted the schoolboy trick of being present for the register roll-call and then bunking off. If he is standing again, I hope he gives some assurances that he will improve his attendance, for which he gets over £40,000 a year.

He didn't tell the Planning Minister about this, and sat on the recording for about a year before deciding that he would make it public to a scrutiny panel hearing, which was the first that Senator Freddie Cohen knew about it, as he hadn't had the courtesy to mention this recording before then, or indeed seek his permission to present it to scrutiny. This was the subject of complaints to the Privileges and Procedures Committee. They admonished him for his actions, but it didn't go further than that. Nor did the Data Protection registrar do anything much. So this is the record of somebody asking for investigation into hacking of answerphone messages and underhand practices!

Senator Jim Perchard also has his own unique take on leaks. In a recorded conversation, David Rose, journalist at the Mail on Sunday, admitted that Senator Perchard leaked him a confidential police email that Senator Perchard had been privy too which related to the Haut de La Garenne investigation. As far as I am aware, he has not even been admonished in any way about that.

The Scrutiny Panel investigating the BDO Alto Financial report have noted another leak to the Mail on Sunday, but it is not clear who leaked this, although it has been suggested it was Mick Gradwell, who took over the investigation of historical child abuse enquiry (and who showed what a lack of police professionalism really looks like). What is certain is that it has verbatim quotations of paragraphs which match world for word with a conclusions section of the BDO Alto report, and which they say could not be the case because it wasn't complete. A friend of mine mischievously suggested that perhaps the conclusions were written first before the rest of the report! Of course, the action of Messrs Shenton Perchard and Power is a good way of distracting public gaze from Scrutiny enquiry into this issue.

However Senator Perchard has also had to resign as Health Minister for unbecoming behaviour. On two occasions, once overheard by a BBC reporter, and once in the States chamber, and overheard by other states members, he told Senator Stuart Syvret to slit his wrists and commit suicide using a form of language which certainly would not be termed Parliamentary although it might conceivably have fitted neatly into the mouth of that cranky old fictional bigot, Alf Garnet, from the TV series "Till Death Do Us Part". Obviously he is an ideal person to ask for an investigation into gutter journalism!

Of course, it is an election year this year, and the three politicians had their pictures nicely on the front page of the JEP. But are these really election issues, like GST, increases in means testing and user pays (otherwise known as Stealth taxes) and population control, States spending and a lack of control of Chief officers who seem to be able to set their own extremely generous redundancy packages? Shouldn't the spotlight be on States members own record of service, and how well they have aspired to high office?

Those are real issues, and the kind of grandstanding that is going on with these States members are distractions which garner a certain amount of free publicity but don't tell you anything about what those candidates stand for on the island and parish issues. The headline should read:

THREE States Members have called for a lot of free publicity in an Election year which will distract you from their own shortcomings.

Links
(1) http://www.thisisjersey.com/2011/07/26/call-for-investigation-into-police-links-with-newspaper

Then and Now!

"What more I also want to see the housing committee privatised, so that we are not a burden on public expenditure and capital expenditure" Terry Le Main, Election Campaign 2005.

Deputy Power says that in the 18 months remaining until the end of his term as minister he plans to give the Housing department financial independence. (Election to Housing Minister Speech, June 2010)

Housing New Ideas

Lets get rid of Jim Hacker
By JOHN PILGRIM
Special Investigator

THE RIGHT HONOURABLE Him Hacker, MP promised to carry out the governments pledge to slim down the Civil Service, to wipe out the interference from Whitehall and Town Hall busybodies. But how many people realise that the Civil Service is growing, like Topsy, every day?
        I have discovered that no less than four Ministries check the supply of the same army uniforms. The Ministry of Defence checks to see that they get what they have ordered. The Department of Trade and Industry checks to see that they have been manufactured according to government regulations. The Department of Employment checks that the Manufacturer falls in with the Manpower Planning Standards, and Jim Hackers mob just checks up on everybody else!
        Jim Hacker is the most obvious case of overmanning in Whitehall. Lets start by getting rid of him and saving at least one salary.(1)

I couldn't help thinking of the "Yes Minister" programme on "The Economy Drive" at the weekend. when I heard Deputy Sean Power talking about Housing Associations independent from the States.

 

To get approval, matters regarding housing have to be checked over by Property Services, and finances have to be checked over by the Treasury. It's very like the Yes Minister scenario - administrators checking administrators work, and multiplying staff costs and duplicating effort. That's two extra Ministries checking over Housing, not counting the States Auditor, who probably also gets a look in, and if there was an independent Housing Association, there could be cut backs in Property Services and the Treasury because those functions would be redundant.

Here are some examples of Housing Associations - elsewhere, it seems, this is becoming the way to go. The "Rural Housing Association" also has a voluntary board  of management - which would be a further saving on cuts, while a way of using the expertise of retired people who still have much to contribute to the Island:

Rural Housing Association is a registered Housing Association in Northern Ireland. We build and manage housing in the social housing sector for people in housing need. The site has been developed for the use of our tenants, the general public and others interested in Social Housing in Northern Ireland.

As with all registered Housing Associations, Rural Housing Association is a nonprofit making organization. Our activities are governed by a voluntary Board of management, members of which give freely of their time and expertise to ensure that the Association continues to provide good quality, affordable homes for people in Rural areas who might otherwise be poorly housed or homeless.(1)

The National Housing Federation represents 1,200 not-for-profit housing associations in England and campaigns for better housing and neighbourhoods. It is also extremely transparent with salaries of their chief officers:

'Housing associations provide a key frontline public service to millions of tenants - but are not public bodies. They are independent not-for-profit organisations, which match every £1 of public investment with £2 from their own resources - allowing them to build new social homes at the lowest cost to the taxpayer. 'Chief executives' salaries are set by independent boards following a rigorous assessment of their value to the organisation. We think it is right and proper that this decision should be made by independent boards - the overwhelming majority of which will have tenant representatives sitting on them. 'Housing associations have been trailblazers in terms of accountability. They have published what they pay their chief executives for the past 15 years and this information is transparent and freely available. (3)

This has, however, led to some strong criticism of the pay of the top executives:

At least six executives, including Keith Exford at Affinity Sutton; Mark Rogers at Circle Anglia and David Bennett at Sanctuary; and David Montague at London & Quadrant, earned more than £200,000, it has emerged.  The figures have been uncovered by Grant Shapps, the Housing Minister, who has indicated that the pay packages are unacceptable. (4)

Clearly, if Jersey moved to the Housing Association Model, we would have to be careful that we did not end up with another kind of Web Managing Director on a huge salary. There is always that danger. But in fairness, a table published by the Guardian shows a number of executives on considerably less - around £70,000- £95,000.(5). It still seems worth serious consideration, and I hope Sean Power gets the opportunity to move the States in that direction.

 

Sean Power may not be the kind of "Yes Man" that the Council of Ministers is looking for, but by looking to play safe, to never have anyone who might slightly rock the boat, we will end with an inward looking, tired, stagnating Government, of the kind that is fiercely protective of existing managerial structures, and where cut-backs will always be given as unacceptable front-line services. We need some innovative thinkers, just as we need some people who will also sometimes, when necessary, reign them back.

Links
1) Yes Minister, The Economy Drive
2) http://www.ruralhousing.co.uk/
3) http://www.housing.org.uk/
4) http://www.telegraph.co.uk/news/newstopics/politics/7795905/Housing-association-chief-on-400000-a-year.html
5) http://society.guardian.co.uk/salarysurvey/table/0,,1034758,00.html

Deputy Powerless

From the JEP:

http://www.thisisjersey.com/news/showarchive.pl?ArticleID=102008&year=2008&category=news

THE decision to tell the media that 'partial child's remains' had been found at Haut de la Garenne was inappropriate, according to Deputy Sean Power. He says that the police went too far when briefing journalists on 23 February after finding a skull fragment buried at the former children's home.

Am I unduly cynical, but is it because it is an election year that Mr. Power is suddenly becoming extremely vocal (having already come out with saying that we have to watch "internal enemies" as much as the UK press)? Now he is having a go at Lenny Harper, again with little or no understanding of police procedure.

It is standard police practice not to reveal everything, not to be misleading, but simply so that if witnesses come forward what they bring to the investigation is corroborating evidence, and cannot be dismissed on the grounds of "collusion" of witnesses with revealed data. If Mr. Power doesn't understand that yet, I suggest he tries asking a lawyer about it.

He also raises the subject of how they know the bone fragments come from a child, and cast skepticism upon this claim. Here speaks someone with clearly not the slightest inkling of modern forensic science and forensic archeology, who has not even bothered to ask how they know before speaking out. I suggest he tries looking under articles regarding measurement of bone protein and the like.

For instance, the article "Histomorphometric determination of formation rates of archaeological bone" notes that "Age-associated changes in bone histomorphology in extinct populations have remained essentially unchanged for at least 1,600 years. Bone formation rates determined for these populations agree with age-matched values determined for extantHomo sapiens."

In fact, as the article "Examining histology to identify burned bone" explains, it is possible to also use "examination of the microscopic internal structure" to distinguish burned from unburned bone.

In the case of the Taber child, measurement of bone protein was used to determine that that 4,000 old (radiocarbon dated) came from "fragments of a human infant skull"

Some bedtime reading on forensics would do Mr. Power no end of good, and may prevent him from engaging his mouth without having first applied his brain, instead of trying to scapegoat the police, "internal enemies" and the UK media, for historic (and fairly recent) failings in the child care system. Of course that won't get him on the front page of the JEP, but it might lead to more informed questions being asked when necessary.

For instance, he might also asking about whistle blowing mechanisms, and consider reading my notes on the huge Wale child abuse scandal, and considering how important the appropriate mechanisms for whistle blowing were considered by the eminent knight producing the government report recommendations (http://tonymusings.blogspot.com/2008/04/tu-quoque.html). I am watching to see if Andrew Williamson produces anything half as good for the States.

Regret without Guilt

http://www.bbc.co.uk/jersey/content/articles/2008/03/06/hdlg_deputy_power_feature.shtml?comment=response#comment

Deputy Sean Power has issued a message in which he comments on the child abuse incidents coming to light in Jersey, and downplays it in various ways.

"I try to imagine the pain and suffering that occurred in this Home to those unfortunate few children that may have paid the ultimate price."

Given that the number of former children contacting the police about child abuse matters is now in excess of 200, and a good many of these relate to Haut de la Garenne, I'd really wonder what the "few" is doing in his comment.

He then comments scathingly about the media reports.

"There has a great deal of unfairness, inaccuracy and downright sensational reporting. "

True in some cases, but there has also been a lot of sharp, acute and accurate reporting. For instance the BBC Panorama, the BBC Radio 4 Investigation, etc. And there is no freedom of information act in Jersey. The Sharp Report, the Kathy Bull Report, and countless other investigations remain confidential, under wraps, not able to be checked by the Islanders. Mike Vibert says the Sharp Report could not be made public domain because it mentioned names of victims; if there is one name of any victim mentioned, I will donate £50 to a charity of his choice. (I don;t count the adult individuals involved in covering it up - Jack Hydes, Piers Baker, John Le Breton as "victims") So there has been a great deal of unfairness, inaccuracy, and downright misleading information handed out locally as well. Is it any wonder the UK media dig deep and don't accept the presentation of the Jersey authorities at face value? Why should they?

"In my opinion, the biggest threat to the Island is from within. There are those who are born here and living here that would strip our individuality, independence and self-governing sovereignty and turn us into part of a UK constituency."

This is a "straw man" tactic, designed to ensure that any criticism from within is done by people wanting to remove Jersey's independence. Cecil Clothier recommended the separation of powers of Bailliff as president of States and head of Judiciary, back in 2000, as did the late Vernon Tomes. The call has come again, but it is hardly new (8 years ago now), and the impetus, as with Clothier and Tomes was to reform the States, to make it better, more independent, less conflicted, and certainly not to do away with the States altogether.

"It would be very easy now to turn inwards and attack all our institutions. That is not the correct thing to do, nor is it the Jersey way."

Sound robust criticism of failings is not "turning inwards". Turning inwards is what the ostrich mentality does, when it buries its head in the sand, or - as reported on the BBC Investigation programme - when a Parish Constable is in denial about child abuse and says "it doesn't happen in my Parish" (I know the former Constable in question, and although I like her as a person, she is always sure that she is right).

That is turning inwards, closing one's eyes. The former prison governor's remarks on the BBC Investigation also speaks about "bullying" people who speak out, and civil servant officials in authority, with little or no experience of the Prison Service, who tried to block all his attempts to improve the prison, and bring it up to modern standards. Those are the people "turning inwards", and by doing so they are shamefully betraying our heritage.

"Above all else, we must believe in the independence, competence, ability and integrity of Jersey's Crown Officers and especially the Attorney General and his department."

Having seen how the Bailliff, as Attorney General, behaved over the Roger Holland affair, and read his statement, which mentions "mistakes" but makes no explicit apology to those who were victims because of those mistakes, I think that the current holder of the office of Bailliff has shown little competence or ability in that action, and the lack of apology speaks realms about "integrity". When the late Senator John Rothwell was in tears about the mistake he made dumping potatoes at Beauport, and offered to resign, that was integrity.

That is not to say the office should be one to which we should be dismissive; it is simply that the current holder has acted in such a manner as would in other jurisdictions bring that office into disrepute (as noted by the BBC Investigation).

"This is a time for calm collective thoughts. This is a time for collective responsibility and justice. "

This translates, I think as (a) don't speak out it anger at the fact that this was allowed to go on for so long, and comment on the ineptitude of officials or ministers (like Frank "shafted" Walker) (b) keep a collective silence on the matter.

It is the adjective "collective" that what Ernie Rea (BBC Presenter) would term "weasley words"; it is a time for responsibility and justice. Why does Sean Power need the adjective? It seems he is caught between the Scylla of Collective Responsibility and the Charybdis of Indifference.