Thursday, 19 February 2009
Guernsey Carnival - February
http://www.thisisguernsey.com/2009/02/17/jobs-available-at-higher-levels-recruitment-firm/
Source Recruitment Specialists says that it has 250 vacancies on its books, but admitted that the lower end of the job market was tricky, with over 400 unemployed. Last month, 343 people were registered as unemployed with Social Security. At this time last year, the figure was 255. Their Managing Director commented that "Although the unemployment figure has regrettably increased, it's important to stress that there are still a large number of vacancies in Guernsey at all levels, in all business sectors and companies continue to expand and create new opportunities.". It would be interesting to see a like comparison in the JEP, and perhaps this would go some way towards not just reporting redundancies, and providing a more balance picture.
http://www.thisisguernsey.com/2009/02/18/states-needs-to-think-ahead-says-former-farmer/
Former farmer Peter Falla, 83, made a representation to the inquiry yesterday suggesting more land reclamation for landfill and calling on the States to look ahead more. Guernsey has reclaimed land at Longue Hougue, and as we know, once you have it, you start to think what you can do with it. Reclaim more land, is Mr Falla's opinion, and you can use this for extra landfill, which would be cheaper than building an incinerator. I've been out to the extremity of our own landfill area at La Collette in Jersey, and I'm not sure whether that is still slowly growing in the quiet. If not, what are all those diggers and lorries still trundling back and forth doing?
About 15 years ago, the island imported stone from France to build a breakwater at Longue Hougue so that many thousands of tonnes of solid waste could be diverted there from Mont Cuet. 'Less than £10m. spent on a containment area of land reclaimed from the sea would be preferable to £80m. to £100m. spent on an incinerator,' said Mr Falla. 'Remember, an incinerator will have smoke, ash and residue to dispose of on a site close to the island's bulk oil storage tanks.'
Now why does this seem familiar, all of a sudden?
http://www.thisisguernsey.com/2009/02/18/business-plan-to-be-pulled/
THE Policy Council wants to defer debating the Government Business Plan after deciding at the last minute that it needs a radical rethink. It has long championed the plan, which has been developed since 2004, as key to prioritising government's work. It is now set to be simplified with Treasury minister Charles Parkinson in charge of a new political team. He put proposals to Monday's Policy Council meeting, which unanimously backed the concept of an overall strategic plan to guide how the States conducted its business and that departments' work needed to be coordinated. But it also agreed that to be successful it required widespread ownership together with understanding and commitment to a plan that was relevant and easily comprehended by the man in the street and States members.
This is the similar kind of talk we see from Terry Le Sueur - if you substitute "taking the Island along", and "inclusive" for the phrase "widespread ownership". It will be interesting to see if Guernsey manages to do this better than Jersey, where there is a lot of talk, but most of the action is simply to go with the status quo, the same old policies, the same old faces. Maybe Terry Le Sueur could learn from Guernsey?
http://www.thisisguernsey.com/2009/02/17/killer-dogs-drive-forest-couple-to-quit-keeping-chickens/
Killer dogs drive Forest couple to quit keeping chickens. Francis Russell surveys the pile of feathers after a dog attack killed three and injured one of the 20 silkie chickens that survived a New Year's Day attack. Four were safe in their hen house when dogs struck again but the rest of the birds have vanished....He blamed the same animals that carried out the first strike and, by the size of the bite marks, he believed they were terriers. 'My wife was devastated,' he said. 'We aren't going to get any more.'
Wayne Le Cuirot, in Grouville, Jersey has also had attacks on his birds. It seems that in either Island, there is little policing that has been done on the issue, although it is difficult to see what could be done unless the dogs are caught in the act and their owners identified.
http://www.thisisguernsey.co.uk/discus/messages/11779/12366.html?1234966625
The incinerator is also a dominant issue in Guernsey, but the planning is not as advanced a stage as in Jersey. In the letters page, Laurie Queripel has a long letter on the subject, in which he looks at one of the alternatives mentioned. Wouldn't it be ironic if Guernsey ended up with a better system! Here is what he has to say - it is quite long, but worth hearing in full.
HAVE to report that I was thoroughly impressed by the Bio Plex waste solution presentation at the Vale douzaine room on Wednesday evening...There are serious environmental and health implications associated with mass-burn incineration, with children being particularly vulnerable. Of course this version of biogas digestion would not be a complete solution to our waste problems but it would deal with several thousand tons of our food waste each year in a clean and sustainable way and produce energy as a by-product. The public really needs urgently to re-engage on this topic and then lobby their deputies. It has to be said that there does not seem to be the political will to furnish the public with all the relevant facts and details. Whatever the reason for this determination among certain politicians to push for a mass-burn incinerator, I can assure the reader that such a choice would not be in the best interest of the community. The Bio Plex representatives seemed to answer every question and query in a most satisfactory manner, including the fact that this process would not endanger our water supply, as the compost by-product would be sufficiently sterilised. It was also pointed out that once this system was running, it would be most cost effective as opposed to a large incinerator, which would not. Of course, as with all new initiatives, there would be a cost allied to the logistics and practicalities of setting up such a scheme. A small problem to overcome would be in persuading people to make the small adjustment needed to their lifestyles to support the scheme, i.e. food waste separation, however, this need not be onerous and would be to our and our children's long term benefit. This system has proved to be a success among all communities who have chosen to partake in it - indeed, it is a source of local pride and its proactive nature has a positive affect upon the spirit of the ommunity. Plus, this is a modular system - it can be added to and adjusted as required and is so flexible as to where and how it is sited. One must remember this is not a new, untested approach. Anaerobic digestion has been in existence for many hundreds of years, the difference now is it has been allied to contemporary technology making it fit for purpose in the modern world. We must not settle simply for a mass-burn solution, it is the antithesis to the recycle, reuse, waste-avoidance preservation message that has previously been sent out. Remember the monster will have to be fed - once you burn you can never return. This is one of the most serious and far reaching issues Guernsey has ever had to face. It involves us all, therefore it behoves all of us to get involved.
Paul Lapage looks at a different option, not unlike our own kind of incinerator, but what is interesting is that he thinks the bulk of construction work should be done "in house". And why not? I've seen Geomarine on billboards over in Jersey. Shouldn't they be involved in our local project, whatever it is? With a downturn in the economy, and a weak pound, this would have made perfect sense.
To try and reduce our dependence on landfill, the States want to look at other processes, including recycling and energy recovery. This comes in the form of energy-from-waste, which is a process whereby energy is derived from burning waste. The combustion process produces high-pressure steam that can be converted to electrical power by the use of a turbine and generator. This electricity can be fed into the Guernsey grid and supplied to local industry. Energy-from-waste plants can also be used to supply high-pressure hot water or steam that can be used for industrial or domestic heating. This type of facility is known as a combined heat-and-power plant because of the two types of energy it produces. These plants are highly efficient. Brilliant idea, I hear you hark. Fantastic idea. But who is going to construct such a fantabulous plant? English or European companies? Well, I hope not, as Guernsey has sufficient skills in the construction industry. Fantastic, skilled, local companies to construct our fantastic energy-from-waste plant is what I say. We have a high-class civil engineering company in the form of Geomarine. We have superb construction companies in the form of R. W. Rihoy and R. G. Falla. OK, I agree some parts of construction may need to come from England but, by golly, we should demand that we (Guernsey) do a large chunk.
And a letter from the redoubtable Peter Falla. An interesting point he raises is the cable replacement. What is the lifetime of our own power cables from France? I've not seen any figures on that, but think there probably should be. Nothing lasts forever. Is the cost of replacement factored into the price of electricity?
Yes, we use nuclear energy from France but like all man-made materials, that cable will have to be replaced, while oil is getting more expensive. China needs oil and Russia feels she can charge whatever she asks for it and gas. So will France for her electricity in future. We must consider a measure of self-sufficiency, including tidal power.
Wednesday, 18 February 2009
The Logic of Madness: An Observation
Diderot, the famous French encyclopaedist, would have probably replied: "A sense of fair play, that goes with adulthood and maturity. Monsieur." Diderot must have been wary of mathematicians ever since his encounter with Euler at the French Court. There was to be a grand debate between the most powerful intellects of the day - "Did God exist?"
Diderot would argue for his own brand of atheism, while Euler would espouse the Christian cause. Euler opened by stating, with a great sense of certainty, a nonsensical algebraic formula (which he had just made up on the spur of the moment). He then declared solemnly, "Therefore God exists! I rest my case." Diderot was a mathematical ignoramus, and consequently was unable to come up with any reply; he ended up as a laughing stock - a cautionary example for all "great" intellects.
But the most apt illustration of the odd behaviour of mathematicians is Cardan, who was a famous mathematician and astrologer of the 16th Century. Using astrology. Cardan predicted the exact date of his own death. And he was absolutely correct! However, astrologers care to avoid this single proof of the veracity of their predictions. Cardan was such a logical pedant that he considered that his reputation would suffer if he was wrong. On the predicted date - 21st September 1576, he killed himself. Quod erat demonstrandum!
Monday, 16 February 2009
The Jersey Finance Fantasy
Seafront plan 'will ease crisis': A major building development in Jersey will help stimulate the island's economy, a financial expert has said. Chief executive of Jersey Finance Geoff Cook said a multi-million pound plan to develop the Esplanade could help Jersey through the financial crisis. He said it would create jobs and tax revenue and boost the wider economy. Mr Cook said when the project was completed in about three years' time, the crisis should be over, creating more demand for office space.
When you are in a hole, there is nothing quite like digging it deeper. That is what I thought on reading, with incredulity, Geoff Cook's recent sound bites in the BBC and JEP about how it is especially important to press ahead with the Waterfront development. This is a development that will - according to estimates at the time - cost a cool half a million pounds in maintenance costs for the sunken road infrastructure. Can we afford to just chuck away that money as if there is no tomorrow? According to Geoff Cook, yes!
If he was a passenger on the Titanic, I can imagine him not only as one of those who dressed for dinner as the ship was sinking, but someone who would go one stage better and order one of the most sumptuous five course meals, with champagne, as well. Buttressed by his no doubt inconsiderable salary, and part of a quango which as far as I can make out - unlike even WEB - has no published accounts easily available, he can afford to indulge in these costly flights of fancy.
Whether the States can afford to indulge - or finance - someone like him is another matter, and one I would like to see Ben Shenton and his scrutiny team investigate. Who is Geoff Cook accountable to? Who elects him? He seems to me to be a complete fantasist, living in his own private world, a parallel universe without any recession.
I can hear him saying, "Don't worry about the iceberg, by the time we reach it, it is certain to have melted anyway" - that appears to be the Jersey Finance / Harcourt line on the credit crunch from the JEP stories on them. I think instead the iceberg will still be there, and there will be a nasty crunch when we hit it, if they have their way.
If Mr Cook is a "financial expert", who "predicts" the crisis should be over, maybe he should write the horoscope columns for the JEP, because he is obviously an expert in that kind of prediction.
The Empty House: A Ghost Story for February
Then I thought I heard, almost below the level of hearing, a soft, muffled, whisper; a voice, speaking faintly, so quietly that the words were all but inaudible, but sounded like a human voice, trying to talk. I could not tell where it came from, it seemed all around, sometimes from far away in the dark recess of a distant wall, and sometimes close to hand, a hissing by the ear. Was it a voice, a trick of hearing in the silence? We are here, it seemed to say, we are here and we are waiting, waiting, waiting. We are here.
There seemed the sound of footsteps, softly, as of slippered feet, moving across the carpet; then at the bottom of the bed, a weight, first sudden, at the foot, then moving slowly up, on top of me, nearer and nearer to my face.
I was now awake in terror, alive to all sensations - the scraping branches like fingers, scratching on the window pane, the muffled whispered voices far and near, and the soft weight slowly moving up the bed.
A white and shadowy shape took form in my dazed, blinking eyes, peering into the gloom, and hoping against hope that I would see nothing. Then it become more distinct, more solid, and I saw that it was only a cat, a large white, long haired cat, come to keep me company, and comfort me throughout this night of horrors.
Now the horrors receded from my sight, I was not alone, because I had the company of a warm and friendly cat to share the night. I was so relieved, so happy at this sight. I reached out to pat the lovely animal. But my hand touched only empty air, it, reaching only a cold, mist like wraith, that moved to embrace me in its icy grip. Then everything vanished into a whirlpool of darkness, and I knew no more.
When I awoke, the sun was shining, and the room was full of the colours of the day. The ordeal was over. Had I imagined what I saw? The ghostly cat upon the bed, the whispered voices, the trees rattling against the window pane. It all seemed so far away, now I looked out of the bed, to see the leafless branches of those elms.
But Dutch elm disease had long left its mark; only the bare stumps remained to mark their spot. Not a single branch remained.
Sunday, 15 February 2009
Aspects of Antiquity
This book contains essays on a variety of aspects of ancient history. With each subject, Dr Finley takes care to describe how the history came to be written, showing what different historians made of the evidence, and explaining why they reached the conclusions that they did.
One of the most interesting essays concerns the fall of Rome. Why did Rome fall, and what caused the mighty Roman Empire to lose its power? The popular view on this has largely been due to Gibbon, and his epic "Decline and Fall of the Roman Empire". In this, he portrayed the citizens of Rome as "timid and luxurious inhabitants of a declining empire", and placed the blame largely upon the decline in moral standards, and a resultant collapse of the social order. Rome fell. Gibbon tells us, because the Romans had lost all discipline; their minds were "degenerate".
Dr Finley points out the deficiencies of Gibbon's analysis. "Even if one were to accept the characterization," he writes, "it does not explain. One would still have to give reasons why the Romans had become 'timid' and 'degenerate' if that is what they now were. "
If Rome fell, then the first area to scrutinize for weakness should be defence. The army, Dr Finley points out, was only about 300,000 strong from the times of Augustus to Marcus Aurelius. However, despite its small size, it "was sufficient for its purposes; it kept the peace within the empire; it could cope with rebellions, though that might require time; it protected the frontiers; it was even able to make a few further conquests, including Britain." In a straight fight, the Roman legions usually defeated larger numbers of German warriors, because the Roman army was "better trained, better, better equipped, better led." But, as Dr Finley observes, the trouble was that the army was not at war with "a neighbouring state like themselves, but with migratory tribes." The Roman forces were faced with the problem of continual, scattered attacks, and found themselves spread too thinly over a great frontier "from the mouth of the Rhine to the Black Sea and then on to the borders of the Persian kingdom". The problem was one of manpower.
Dr Finley argues that the agrarian economy of the empire could not provide such manpower. He summaries the Roman economy of this time in a simple model. Most of the population produced just enough to live on, and enough to maintain the "very rich and high-living aristocracy, and the modest army." This was a sort of "social equilibrium" and if any change took place in any of the elements making up the equilibrium, it had to be balanced elsewhere. It was this which resulted in a vicious circle which brought an end to the empire under the threat of the barbarian invasions: "The army could not be enlarged because the land could not stand further depletion of manpower; the situation on the land had deteriorated because taxes were too high; taxes were too high because the military demands were increasing; and for that the German pressures were mainly responsible."
Other subjects in the book include Crete and the Trojan War. The book is informative and at times acutely critical of popular beliefs about ancient history; it is also well argued, and shows with great clarity how the historian pieces together a picture from the fragments of the past.
Thursday, 12 February 2009
Slumdog Millionaire: A Review
We start with the interrogation by a police officer of the central character, Jamal K. Malik, and the story gradually unfolds in flashback, as we learn why he is being questioned - for suspected cheating in the Indian version of Who Wants to Be A Millionaire. And we move further back in flashbacks, as the way in which the questions unfold in the Quiz show dovetail with Jamal's remembering of his childhood in the slums, of how he and his brother scratch a living, and of his mother being killed in a savage attack on the Muslims by rioting Hindus; he and his brother Salim flee and escape, guided by a vision of the god Rama, and also save the girl Latika.
Rescue comes from the apparent benevolence of a man called Maman searching for children homeless and refugees, but he turns out to be a sinister gang leader, sending children out to beg, and in one sequence - not for the squeamish - his henchman mutilates one boy the brothers know in order that he can be a better beggar. The brothers escape, but lose Latika in their flight. They then take to a life of petty crime and become street wise, with Jamal on one memorable and very funny occasion, guiding a tourist couple around the Taj Mahal, with a commentary that is part fact, mostly fiction. This sequence moves into their teen years (the parts being taken by other actors, but brilliantly ones that capture the look and mood of the child actors). We see them now settled in part in work in fast food kitchens in Mumbai, and their encounters with the crime barons, and throughout this Jamal is haunted by the search for Latika, and never gives up hope. His brother betrays his trust at one point, but then redeems himself in one final act of sacrifice.
All this is told against the backdrop of the - by now almost conversational interrogation - by the police inspector, and the relentless tension of Who Wants to be a Millionaire, with its bearded charismatic host (although in private asides to Jamal, he shows his ruthless egoism), and the prize money in rupees gradually increasing as he gets questions right.
How Jamal eventually finds Latika, loses her, and finds her again - his personal quest - I will not reveal - you'll have to see the film! Did he win by cheating? No. Was it luck? Or, is it - in a wonderful way in which the film both starts and ends - simply that "it was written".
The leading stars are relative unknowns, but give brilliant and naturalistic performances (which is actually very difficult), and this is far from being an urban or domestic drama (good as those can be); as a result, it opens a window onto a refreshingly different world, and I can well see why it has run away with all kind of plaudits.
In terms of narrative construction, the versatile use of flashbacks (and interrogation to call forth memory) works extremely well. This non-linear approach reminded me very much of Ararat, the film about the Armenian genocide, which uses a similar technique to great effect. And don't miss the wonderful Bollywood-like dance sequence at the end while the credits roll.
Lastly, the conditions of poverty that come as the vast panorama reminded me of the wisdom of C.P. Snow, and the call upon our consciences to ensure that this is not just left alone. In an essay on Magnanimity, Snow wrote:
"I have said before, and I shall say it again, because it is the most imperative social truth of our age, that about one-third of the world is rich and two-thirds of the world is poor. By this I mean something very simple. In North America, in most of Europe, in Australia and New Zealand, and now in the Soviet Union, the great majority of the population get enough to eat and don't die before their time. That is what "riches" means, in a world whose harshness those of us born lucky don't willing admit.
In the rest of the world the opposite is true. The great majority of the population don't get enough to eat; and, from the time they are born, their chances of life are less than half of ours, These are crude words, but we are talking about crude things, toil, hunger, death. For most of our brother men, this is the social condition.
It is different from our social condition. That is one reason why there is a direct call upon our magnanimity. If we do not show it now, then both our hopes and souls have shriveled. It may be a longish time fore men at large are much concerned with hopes and souls again.
For the future is in our hands, if we care enough. The means exist for our seeing to it that the poor of the world don't stay poor. The scientific and technical knowledge which we now possess is enough, if we can find the human means, to solve the problem within a couple of generations. I do not pretend that it is going to be easy to find the human means-but the knowledge exists and, since it exists, no man of the faintest imagination or good will can rest easy."
C.P. Snow (Magnanimity)
Links:
Movie cast and details on Internet Movie Database
http://www.imdb.com/title/tt1010048/
http://www.scholarisland.org/hunger.htm
CP Snow Essay
http://www.harpers.org/archive/1962/07/0014040
Wednesday, 11 February 2009
Senator Alan Maclean nominated for Yes Minister Award
Now if you google "Sir Humphrey Appleby ongoing discussions", you come up with "Yes Minister", and this is a perfect example of a sentence where Senator Maclean is on the edge of comprehension, on the point of heading off into the Twilight Zone of sheer nonsense.
When pressed more firmly about actual assurances - "Will he give us an assurance that within the next 28 days they will be addressed?", he is happy to give "an assurance that within the next 28 days they will be considered" - note "considered", not "addressed".
Alan Maclean is fast becoming a strong contender for the Yes Minister Award for the Arcane Art of Saying Nothing in Many Vague Words.
Here is the exchange reported in the States of Jersey "Hansard":
4.1 The Deputy of St. John:
If I could pass this across, please, to the Minister. In December 2007, I along with others were at St. Helier Yacht Club and put a number of questions to the Minister on maintenance of St. Helier marina. He gave me an undertaking that he would look into this. On a number of occasions during 2008, I wrote to the Minister and asked what progress had been made. As Members can see, I will pass a couple of these around . in fact these photographs were taken, Minister, this week. Could the Minister please explain why the serious defects are still in the public domain, and are a danger to the public, and why they have not been put right?
Senator A.J.H. Maclean (The Minister for Economic Development):
I would ask the Deputy who has written to the department - has written to me and I have referred it to the department to deal with - I understand he has had numerous discussions with the department and meetings. My understanding is that most of the issues that were raised - I think in the first letter the Deputy wrote there was something like 28 particular issues raised on matters pertaining the harbours - have been addressed in full. As far as the photographs are concerned, I am more than happy to take them down to the department and seek clarification as to what they relate to in the context of the ongoing discussions that the Deputy has had over the past 2 years.
4.1.1 The Deputy of St. John:
A supplementary. If I could pass the Minister a copy of my original letter, he will see of those 20 plus faults reported a number of them, even on the front page which are underlined in a highlighter, have not been addressed. Will he give us an assurance that within the next 28 days they will be addressed?
Senator A.J.H. Maclean:
I am more than happy to give the Deputy an assurance that within the next 28 days they will be considered. As far as I am aware, these issues had been resolved and I have asked the Deputy personally as to whether there are any outstanding issues to which he did not give me an answer until this precise moment. Thank you.
Tuesday, 10 February 2009
An Inventive Mistake
Was often aggrieved and badly hurt,
For when he dropped his jam on toast
The jam always landed bottom most!
He invented a bread slicer - very clever;
It sliced at a special angle, so that never
Would the toast fall with jam on floor!
But unfortunately, there down before,
His feet was jam, facing right side up!
His feet went on this, what a smash up!
Banged his head as he tumbled down,
And there fatally, he broke his crown;
Now the moral of the tale is quite clear -
Inventions can cause mishaps dear!
The Greedy Landlord?
One argument is that rents can be raised to what the market can bear. But it is not quite as simple as that. A shop (or store) has all kinds of furniture and fittings, signage, and so on, which cannot easily be just shifted to a cheaper site because of the expense and loss of earnings incurred doing that. It is not just as simple as a consumer deciding to shop elsewhere.
Once a business is in place, it is to some extent at the mercy of its landlords, especially if it is a shop, rather than offices which can be run from any location. Relocation of retail stores is difficult, time consuming, and cumbersome, and often not an easy option, so that rents can in fact be raised to higher than would be the case.
There is a great deal said about the high cost of renting property to live, but not so much attention has been given to the extra cost - which in one way or another gets passed onto the consumer - of rental costs to retailer outlets. Of course rents are easy to see for housing in the JEP, but all rental leases do pass through the Royal Court, and are in the public domain. So here are a few, to let the reader judge for themselves - these all relate to leases passed between 2007 and 2008. These are what the stores are paying - per annum - to their landlords.
| £1,840,000.00 | A De Gruchy & Co | De Gruchy's Department Store, |
| £758,500.00 | Norman Ltd | 10-31 |
| £724,078.00 | Norman Ltd | Huelin Five Oaks Depot, St Saviour |
| £152,646.00 | Norman Ltd | Rabeys Universal Ltd, St Saviour |
| £83,500.00 | Three Mile Garage | Grande Route de St Martin, St Saviour |
| £175,000.00 | Big Verns Trading Co | Corbiere Phare, St Brelade |
| £185,820.00 | Big Verns Holdings | Big Verns and |
| £100,000.00 | Pizza Express | |
| £40,438.00 | Lloyds Pharmacy | Unit 1 Centrepoint, Red Houses, St Brelade |
| £39,062.00 | Lloyds Pharmacy | Unit 2 Centrepoint, Red Houses, St Brelade |
| £96,750.00 | Axle Clothing Co | |
| | | |
| £1,130,000.00 | Marks and Spencer | |
| £141,200.00 | Marks and Spencer | 1 and 5 Maison du Squez, St Clement |
| £168,750.00 | Marks and Spencer | |
| | | |
| £400,000.00 | Woolworth plc (20 yrs) | |
Monday, 9 February 2009
Bad Belgium!
Belgium lawyers, far from taking new legislation to combat Money Laundering on board, have been combative in resisting all pressure to implement new laws.
Jersey has its own legislation, but this mirrors the 3rd EU Money Laundering Directive in extending the laws and compliance to business professionals such as accountants, estate agents, lawyers etc. There is no exclusion option for lawyers on any ground if compliance demands reporting suspicious transactions or activity.
In contrast, Belgium has mounted several successful actions against lawyers giving up their rights to privileged information. The EU itself has taken action against Belgium and other non-compliant EU states, so the result at the moment is "in the pending tray".
Belgium has of course also so far resisted changes in its bank secrecy laws to allow co-operation with tax authorities of member States such as Germany. Jersey has recently signed a Tax Information Exchange Agreement with Germany. Maybe some of this should have come out in the Panorama programme?
http://www.anti-moneylaundering.org/europe/Belgium.aspx
In November 2007, the Belgian bar associations launched a second challenge to the implementation of the Second EU Money Laundering Directive. In the judgment discussed above, the European Court of Justice declined to resolve the bar associations' contention that the Program Statute obliges lawyers to work with the government, and thus breaches the right to privacy provided in article 8 of the European Convention on Human Rights.
The Belgium bar associations and lawyers were successful in preventing law enforcement authorities from compromising the relationship between lawyers and their clients. The court stated unambiguously that lawyers were subject to ethical rules that made them different from other professions.
The Court explicitly stated that in exercising the essential activity of "providing legal advice", even on matters for which the law imposed a notification duty (such as assisting the client in financial, real estate and corporate transactions), the lawyer remained bound by his or her professional secrecy duty and therefore could not disclose the information obtained on this occasion to the authorities.
According to an European Union press release of 5 June 2008 (Ref: IP/08/860), the European Commission (EC) is pursuing infringement actions against 15 member states, including Belgium, for failing to adopt and implement the Third EU Money Laundering Directive into national law by the deadline of 15 December 2007. Upon receiving the formal request, the infringing nations will have two months to provide an acceptable response or the EC may refer the issue to the European Court of Justice.
http://www.mondaq.com/article.asp?articleid=72636
June 2008: The European Commission (EC) announced an intention to pursue infringement actions against a number of member states for failing to adopt and implement the Third EU Money Laundering Directive into national law by the deadline of 15 December 2007. The infringing nations were given two months to provide an acceptable response. In October the European Commission referred Belgium, Ireland, Spain and Sweden to the European Court of Justice for non-implementation
http://www.anti-moneylaundering.org/Europe.aspx
In October 2008, the Commission decided to refer Belgium, Ireland, Spain and Sweden to the ECJ for their continuing failure to implement the Third Directive. Rulings by the ECJ are binding on all EU Member States. Interestingly, if Belgium, Ireland, Spain and Sweden do not comply with any judgment passed down by the ECJ, the Commission has the power to refer the matter, once again to the ECJ (Article 228 of the EC Treaty). This referral will also contain a recommendation for a financial penalty to be imposed on the Member State, based on the seriousness of the infringement, the duration of the infringement and the need to ensure that the penalty itself will be a deterrent to further infringements.
Fuel - the Hidden Costs
That is good news for the Treasury, but of course the rental is another cost to be passed on to the end customer, and it would be interesting to know how much this adds to the cost of fuel in Jersey, compared with - for example - Guernsey.
Sunday, 8 February 2009
The Brotherhood
This book gives details of Mr Knight's investigation into the secret society of the Freemasons. As he points out, he uses the term "secret society" to describe a society which keeps internal details secret, and not as a description of a society whose existence is secret.
Naturally, there is a need to guard against too much reliance on the evidence of embittered outsiders, who have personal prejudices about the Freemasons, often unfounded. Mr Knight shows an acute awareness of this problem, and is extremely critical of information volunteered by outsiders, taking care to explain, in detail, why their arguments are false, and where their facts are in error. The function of this book, therefore, is to destroy some of the popular myths about Freemasons, as well as revealing the truth about the society.
Mr Knight's most difficult task is in analysing the charge of corruption than is often made against the Freemasons, i.e. that Freemasonry fosters deceit, conspiracy and other immoral or illegal practices.
The book reveals that the Freemason's policy of secrecy can be used as a cloak for concealing criminal activities, as happened in Italy; also, the policy of masons being obliged, to help fellow masons "in times of distress" can lead to lawbreaking or come very close to infringing the law. However, it seems from his analysis that although Freemasonry appears to be especially vulnerable to misuse, this does not mean that it deliberately fosters or encourages such activities.
The book is not exceptionally well-written; nevertheless, it is intelligently researched and interesting.
http://www.amazon.co.uk/Brotherhood-Panther-Books-Stephen-Knight/dp/0586059830/ref=sr_1_1?ie=UTF8&s=books&qid=1232096453&sr=8-1
Friday, 6 February 2009
Live the Lie
One of the latest brochures from Jersey Tourism has an article which features a picture taken from St Ouen's Bay. It shows an outside fire for a BBQ, around which are sitting a number of visitors, and today would, unless permission had been sought and give, call down the heavy hand of the law. Beside this is a small open stall selling beach stuff and surfing equipment. This is the little stall which I recall was just to the side of El Tico, and has been demolished and closed now for around two years. Visitors might find it hard to find such a location, and wonder just where this idyllic venue was - and yet it is a large picture, and sets the tone for the article. But it has now been gone for two years! Expect the next brochure to show Queen's valley with Bergerac's House, and a suitable caption about "leafy unspoilt valleys". Why not? That's the level of accuracy we are getting here.
St Ouen's beach is fairly uncrowded, but "all to yourself" is a typical piece of marketing hyperbole. What is less accurate is another piece which suggests you can have "cream tea in a chateau". Gorey castle? Elizabeth castle? There aren't that many buildings which fit the bill. Only it isn't, of course, it is "Chateau La Chaire", which - despite its name - is in fact a hotel, and not a chateau. "Cream tea in a chateau?" would be a better title. It's a good job Caesar's Palace is no longer around, or they'd have had fun with that one!
Lastly, have you spotted the seals. Seals - plural, and from the blurb, romping along in the waves merrily. Yes, if you go to the North coast of the Island, "you'll have seabirds and seals for company". I think the Societe Jersiaise would be interested. Their reports on seals note "There is one known Jersey record of a white-coated (natal coated) seal pup - Pyman (1998). On 6th November 1997 such a pup was observed near Rozel on the north coast of Jersey."
The slogan is "Live the Life". Perhaps Live the Lie would be more accurate? Surely there is enough over here that is genuinely interesting without manufacturing a fake?
Links on Seals in the Channel Islands:
http://user.itl.net/~marquand/Status.htm
Thursday, 5 February 2009
Geoff Southern to be charged
I did not have time to hear his defense, but I suspect that part of his reason was that there was no one official appointed to help people fill in postal applications, or go around asking people if they wanted to apply for postal applications. This was a case of discrimination by neglect, disenfranchising those people who are informed by the States that they can apply, and then left to get on with it - knowing of course that is in itself an obstacle.
In the UK, of course, there are no rules on stopping campaigners and canvassers helping with either the registration or the submission of postal votes. What is the case is that it is an offence to complete a postal vote that is not your own, and to influence how others complete their postal vote. If you have any allegations of fraud, they should be referred to the police.
I suspect that the argument of "undue influence" will be the main one made against Geoff Southern. What we are certainly not going to see is UK style fraud:
The court has heard that the elections were subverted by threats, intimidation and the wholesale theft of postal votes, with thousands of others being diverted to "safe houses" where the ballots were allegedly filled in on an "industrial scale". Bags full of voting papers are alleged to have changed hands in the streets; a postman is said to have been threatened with death.
Some people, particularly the elderly, may not find applying for forms and completing them easy, and if the States are not going to address this issue, then while technically breaking the law, Geoff Southern is highlighting a serious weakness in the system. The recently leaked report on Income Support shows how a bureaucratic culture of forms may not engage well with the people it seeks to help. What may seem simple to a civil servant may seem a Byzantine labyrinth of complexity to someone elderly, or who comes from a different country, and whose English is poor. While I would not condone Geoff Southern's actions, it seems to me that the Jersey system has deficiencies which those examining this case would do well to address.
Links:
http://www.aboutmyvote.co.uk/faq/voting_by_post/how_secure_is_a_postal_vote.aspx
http://www.independent.co.uk/news/uk/politics/politically-incorrect-529281.html
Wednesday, 4 February 2009
Dish of the Day
'Really,' protested Martin Wood, 'I do think you should be the last man in the world to tinker about with those beautiful Gothic arches, which are about the best work your own religion has ever done in the world. I should have thought you'd have had some feeling for that sort of art; but I can't see why you should be so uncommonly keen on photography.'
'I'm uncommonly keen on daylight,' answered Father Brown, 'especially in this dingy business; and photography has the virtue of depending on daylight. And if you don't know that I would grind all the Gothic arches in the world to powder to save the sanity of a single human soul, you don't know so much about my religion as you think you do.'
Father Brown in "The Doom of the Darnaways", by G.K. Chesterton
A mark of changing times in the Minutes of the States from 1989 on Satellite aerial dishes, when such things were a novelty, and with the usual lack of foresight, the IDC (Planning Department of the day) decided that all dishes would need an application to be mad (see below).
Of course, they probably could not have seen the vast and rapid growth in satellite broadcasting, but it would be nice, if just for once, the States were proactive rather than reactive. We see here a typical bureaucracy, not prepared to cede any control of its oversight of planning.
The position now is that providing the dish is either not over 60 cm in diameter, or on a listed building (in which case it can be erected, but the placement must be determined by the committee), no applications are needed whatsoever.
Personally, I think that as there are no problems with TV aerials, which can go up even on listed buildings, the present planning department is still showing a propensity to nit-pick especially as satellite dishes do not normally rise high above the roofline, like TV aerials tend to do.
I also think there is a philosophical problem which has not been properly considered when looking at "listed buildings". These buildings have invariably been developed over time, and their construction often shows the hallmarks of different owners making their own changes, internal and external, and their own modernizations, because after all these buildings were built to be lived in. How can we then say that we are going to "fix" this accumulation of changes, and that it is somehow "authentic" to be kept static at one point in time?
Most heritage organisations realise that changes can be made, for instance, "Listing is not meant to fossilize a building. Its long-term interests are often best served by putting it to good use. If this cannot be the one it was designed for, a new use may have to be found. Listing ensures that the architectural and historic interest of the building is carefully considered before any alterations, either outside or inside, are agreed."
But look at the fuss over changes. A change in the colour from a drab and unpleasant grey to a soft lemon arouses the ire of planning. And as for changing draughty rattling windows for something more modern, but still with the same design, but better materials - forget it! Despite the rhetoric that changes can happen, the building has effectively been fossilized. Sometimes I think people forget that some buildings were meant to be lived in, and people matter more - hence the G.K. Chesterton quotation which begins this piece. I finish with this one:
Architecture is the most practical and the most dangerous of the arts. All the other arts we have to live with. They are things we have to live with and some have even said, with regard to some kinds of music and painting, that they are things they could live without. But architecture is not a thing only that we have to live with - it is a thing we have to live in.
THE STATES assembled on Tuesday, 17th January, 1989 at 10.15 a.m.under the Presidency of the Bailiff, Sir Peter Crill.
Satellite aerial dishes. Question and answer.
Deputy Maurice Clement Buesnel of St. Helier asked the Connétable of St. John, President of the Island Development Committee, the following question -
``With the introduction of satellite television within the next three weeks, will the President inform the House whether his Committee proposes to exempt satellite aerial discs from formal planning controls?''
The President of the Island Development Committee replied as follows -
``The ability to obtain television pictures by satellite is not new to Jersey and Members of this House will be aware that a few private households, some hotels and other commercial premises have satellite dishes. Under the Island Planning Law, these dishes constitute `development' and applications submitted to the Department are judged on the merits in terms of the visual impact they will have on the surrounding area.
What is new is the system known as `Astra' which will offer 16 T.V. channels and only requires a receiver 24'' in diameter. It may be felt that such a small dish should not be the subject of planning control and individuals should be allowed to erect them at will. However, I would ask Members to think about the impact that such an approach would have if these dishes were attached not only to the Island's many traditional buildings but also to ordinary houses in the town and countryside without some influence and guidance from the Department and, if necessary, the Committee.
At this time, it is not my Committee's intention to bring before the House a request to amend the Island Planning (Exempted Development) (Jersey) Regulations in order to make satellite dishes both large and small, permitted development.
My Committee recognises that in many instances the small dishes will not be seen and will therefore have little or no visual impact. The matter is the subject of a report to be considered by my Committee on 26th January, 1989. Thereafter it is intended to adopt a policy for satellite dishes in general and a procedure for a simplified form of application for the smaller dishes. The aim will be to quickly grant consent for those dishes which will clearly have no impact on the area and to judge on their merits those which it is felt will have an impact.
The situation will be kept under review in order to ascertain if, in due course, an amendment to the Regulations is required. I feel at this stage a degree of caution should be exercised particularly as a second satellite service is to be brought into operation later in 1989, reception of which will require its own specialised 24'' diameter antenna.
Links:
http://www.gov.je/PlanningEnvironment/PlanningAndBuildingDivision/Planning+Services/Satellite+TV+Antennae.htm
http://www.statesassembly.gov.je/documents/minutes/17236-5798-3102008.htm
http://www.heritage.co.uk/apavilions/glstb.html
http://cburrell.wordpress.com/2007/06/14/chesterton-on-architecture/
Tuesday, 3 February 2009
Panarama and Tax Havens
Her Majesty's government is broke - a record £44bn in the red - and yet one estimate is that the taxman loses £18.5bn a year thanks to tax haven abuse. In the past, the political will in Westminster to move against British protectorates such as the Bounty Bar island tax haven of the Caymans in the Caribbean and the fish-and-chip tax havens closer to home like Jersey, Guernsey and the Isle of Man, has been feeble. But now that may be changing thanks to tough pressure from the new man in the White House and a drip-drip of revelations from tax havens, both independent and British-protected, that undermine bland assurances that everything "off-shore" is good for everybody "on-shore".
Never mind, there is always the good old USA to stash away foreign funds, and as long as the US Tax authorities are happy it is not American taxes that are being evaded, they could not care less, because it brings money into the USA.
On June 23, 2008, Brazil's Congress published Law 11,727/2008, which, effective as of January 1, 2009, will amend Brazil's transfer pricing regulations and expand the legal definition of tax havens. The surprising news in all of this is that it is widely believed that these changes were made specifically so that the exotic state of Delaware could be designated as a tax haven, or at least a jurisdiction with the characteristics of one. Yes, you read that right - Delaware - the second-smallest state in the United States. The state which elected Joe Biden, Barrack Obama's vice presidential running mate, as a United States Senator, may be designated by Brazil as a fiscal paradise, just like the Cayman Islands, Panama, the British Virgin Islands and Bermuda.
Richard Murphy was going on BBC Radio Jersey this morning about "secrecy jurisdictions" as a better term than tax havens, which is exactly the position adopted by Brazil in its attack on the USA States of Delaware. Indeed, Mr Murphy does think on his blog that Delaware should "clean up its act", but what I'd really like to see is a stinging attack in one of his presentations to the US authorities, or in a US paper like the Washington Post. Instead, he seems to sing Obama's praises for a crack down on tax havens, whereas Delaware may well be losing Brazil lots of tax revenue. Perhaps he thinks they won't listen to him so much if he attacked them too! In a blog entry on the Stop Tax Haven Abuse Act, he quotes the following:
"This is a basic issue of fairness and integrity," Obama said when the bill was introduced. "We need to crack down on individuals and businesses that abuse our tax laws so that those who work hard and play by the rules aren't disadvantaged." Levin added that: "In effect, tax havens sell secrecy to attract clients to their shores. They peddle secrecy the way other countries advertise high quality services. That secrecy is used to cloak tax evasion and other misconduct, and it is that offshore secrecy that is targeted in our bill."
Notice, however, how this says "our tax laws", and "offshore secrecy". That "our" is very significant. If you are live outside the USA, they really couldn't care less - notice how they haven't signed up to Data Protection Laws, or the International Court of Justice in the Hague. It is USA residents they want to catch, and if they profit from outsiders, well and good. Now back to the Brazil Law:
Law 11,727/2008 broadens this definition to include jurisdictions which don't permit access to information about a legal entity's shareholders, members or partners, how much equity they own, or the identity of its nonresident beneficial owners. Basically, if a jurisdiction doesn't require and permit access to a registry of the shareholder, members and partners of legal entities located there, then such jurisdiction may be designated as a jurisdiction with favored taxation or a tax haven.
Well, as it turns out Delaware is such a jurisdiction. For instance, when you create a limited liability company or LLC in Delaware you are not required to list the equity participants, called members, in the document you file with the state to form the LLC. Nor are you required to file, register or disclose the LLC Agreement in which the members and their equity participation in the LLC are designated. So, unless the members of the LLC decide to disclose this information, or a governmental agency such as the IRS or the Securities Exchange Commission decides to cause or require the LLC or its members to disclose it, you can't access it.
Panorama also failed to mention Luxembourg, Austria and Belgium - part of the EU - where under the current EU savings tax regime Luxembourg, Belgium and Austria were allowed to keep their bank secrecy rules by adopting a version of the law that is different from the rest of the bloc. Clearly by the Richard Murphy guidelines, they are tax havens too. Germany has a Tax Information Exchange Agreement (TIEA) with Jersey. It does not have one with Luxembourg, Austria and Belgium
Attac France does see this, however, and in 2001, said that "it is now time to denounce the role played by Luxembourg in the laundering of dirty money." That was in 2001. There is an attempt now to remove that secrecy, but it requires the approval of all 27 member states - including Luxembourg, Austria and Belgium. Don't hold your breath - going for other jurisdictions, especially easy targets outside the cosy EU club is fine, but Luxembourg has already stated it sees no reason to change its rules.
Links:
http://www.france.attac.org/spip.php?article2976
Unjoined Up Government
The same programme also carries the announcement from Connex that the school bus services are not running for the moment, and Connex advises users to stay home if you catch one - and listen to see when they will be running.
Didn't education think to ring the bus service? One tiny phone call before making their announcement. We hear so much about "joined up government", and yet when it comes to really useful matters, the old "law unto themselves" seems to rule.
The bus service, Connex, having sent out buses, then decided (presumably on the basis of reports from bus drivers) to suspend all services (as well as school ones) until 9.00. That's fair enough, but in the old days, I remember that Jersey Bus sent out a driver on the Corbiere route in a car to tell all those clusters of people waiting that there was not going to be any buses and to go home until 9.00 (or whenever). Sometimes the route did run to a safe location, and they used a car to take people to that location - for instance Jersey Bus thought the road Corbiere was too dangerous an incline, so they went to La Moye Pub car park, and a driver collected people from the stops along the way to Corbiere. That is a cautious but measured response. Not all roads are the same, and they took every road on its merits, and assessed the risk accordingly. The response of Connex, in comparison, seems rather like a headless chicken, or Corporal Jones from Dad's Army shouting "Don't Panic".
Postscript:
The BBC website now says Mario Grundy has told schoolchildren to stay at home until they hear the buses are running. That was not what was reported at 7.00-7.20 am this morning.
Monday, 2 February 2009
Harcourt Briefing - 2009
http://www.lvbusinesspress.com/articles/2009/01/19/news/iq_26312798.txt
GSG Development renews lawsuit over failed high-rise project
BY TONY ILLIA
GSG Development recently renewed its lawsuit against former partner Harcourt Development of Dublin, Ireland, over costs associated with a failed high-rise project in the southwest Las Vegas Valley. The war of words last year led to Clark County District Court. In April, Las Vegas-based GSG Development charged Harcourt with nonpayment of expenses related to Sullivan Square, a planned $1 billion mixed-use complex at Durango Drive and the Las Vegas Beltway.
The project's development entity, Sullivan Square Harcourt LLC, was a 60-40 joint-venture between Harcourt and GSG, respectively. The two parties formed the joint-venture in 2006. GSG Development, the project's managing partner, was responsible for acquiring the land and entitlements, while providing design, development, and construction management services. Harcourt, meanwhile, agreed to underwrite all costs in exchange for majority ownership.
On Aug. 7, Clark County District Court Judge Mark Denton dismissed most of the items contained in GSG's lawsuit. The ruling claimed that the limited liability corporation was not the proper plaintiff. GSG has since filed under its own name. It's seeking reimbursement of roughly $10 million to $20 million in expenses as well as unspecified damages. Calls to GSG seeking comment were directed to the company's attorney.
The legal dispute rages on between former development partners of Sullivan Square at Durango Drive and the Las Vegas Beltway. The site today remains a vacant lot.
"Harcourt had GSG perform millions of dollars of services and agreed to reimburse them on behalf of the entity," said John Manly of Manly & Stewart, a Newport Beach, Calif.-based law firm representing GSG. "They simply refused to pay, despite assurances that they would."
Calls to Harcourt seeking comment were not returned by press time. The company has reportedly shuttered its local office and laid off employees. The 16.5-acre site for Sullivan Square today remains a large dirt hole. Work stalled three months after breaking ground. No visible construction has occurred since November 2007. The project's contractors and consultants are owed money as well. They have since filed a combined eight liens and two lawsuits against the project seeking payment.
"This was a very calculated decision by Harcourt to defraud (GSG Development) and not pay the contractors," said Manly. "You have an Irish developer that is used to getting his way and muscling people around. You can't do that in the United States."
The project's future appears uncertain. Plans had originally called for eight buildings from 12 to 20 stories tall combining for 2 million square feet. The first phase entailed a 20-story, 159-unit high-rise building with residences priced from $375,000 to $1.8 million. It was reportedly 80 percent sold out. Deposits have yet to be returned, according to one account. The first homes were scheduled to open in early 2009.
GSG has since divorced itself from the project. But the company would be willing to return depending on the legal outcome, Manly says. The next critical court decision related to Sullivan Square is expected in March.
Snow in St Brelade
The oddities of Island weather however are such that rain in one Parish may leave another unscathed, and indeed this is what happened this morning. In the wilds of St Brelade, there was quite a sprinkling of snow, only a few millimeters thick, but settled and present on roads, hedges and roof tops, certainly enough to scoop up and make a snow ball from. It was sufficiently slippery on the road to make driving at speed unwise. I drove in towards St Helier at around 20 miles per hour, making sure the tires gripped the road surface as did pretty well everyone else, until Mont Nicolle School, when suddenly the snow fell away, or was so light it had been blown off the road. After then, it was pretty plain sailing, and Victoria Avenue was clear. And then the Radio Jersey announced that there had been no snow in Jersey, so I rang in to tell them as motorists should take care. It hasn't yet thawed from my car roof.
Recently, there have been a lot of celebrations of Burns night, and with the snow, I was thinking of my favourite poem by Burns, which is very appropriate for snowy and cold mornings, when you just do not want to get out of bed, or a nice warm house. It is just brilliant in its evocation of feelings when you look out of the window onto a white and freezing landscape. Here it is:
Up in the Morning Early
Cauld blaws the wind frae east to west,
The drift is driving sairly;
Sae loud shrill`s I hear the blast,
I`m sure it`s winters fairly.
CHORUS:Up in the morning`s no for me,
Up in the mornings early;
When a` the hills are cover`d wi` snaw,
I`m sure it`s winter fairly.
The birds sit chittering on the the thorn,
A` day they fare but sparely;
And lang`s the night frae e`en to morn,
I`m sure it`s winter fairly.
CHORUS: Up in the morning`s no for me,
Up in the mornings early;
When a` the hills are cover`d wi` snaw,
I`m sure it`s winter fairly.
Robert Burns