After publishing my OPEN LETTER to disgraced former Home Affairs Minister, Deputy Andrew Lewis, and eventually receiving some kind of a REPLY where he attempted to distance himself from his actions of (illegally?) suspending the then Chief Police Officer, Graham Power QPM, DURING the biggest Child Abuse Investigation (Operation Rectangle) the Island has ever seen (in the only significant Ministerial Decision Deputy Lewis made during his very short tenure as Home Affairs Minister). Due to his refusal to answer straight forward questions concerning his integrity, honesty, and contradictory statements he made regarding his (illegal?) suspension of the former Police Chief, I was forced into making a COMPLAINT to the Privileges and Procedures Committee (PPC)
A number of e-mail exchanges took place and PPC refused to hear my case (with me in attendance) in a constituted hearing where I would have had the protection of privilege and could elaborate further on my evidence against Deputy Lewis and conflicted parties of PPC. The Committee found against me believing it to be fair and just that Deputy Lewis is protected by privilege although I am denied the same protection and unable to give full evidence as a result. (The Jersey Way)
Below is the latest e-mail I received from the PPC Officer after being granted a meeting with the officer and PPC Chairman Constable Len Norman. Below that is my response.
Latest e-mail from PPC Officer/Chairman.
"Apologies for my delay in responding but I did not receive your e-mail and was only advised of it by Connetable Norman after the States meeting today.
I am sorry that you do not feel our meeting last week was productive. I am afraid that there is nothing else which the PPC can do at this juncture, other than to request that you consider sending us details of the complaint to which you eluded at our meeting.
To reiterate –
PPC is not able to investigate any complaint relating to matters spoken in the States Chamber six years ago. As you are aware, anything said by States Members in the Chamber is covered by parliamentary privilege. If other members had considered that Deputy Lewis had mislead the Assembly, then it was their right to bring forward a vote of censure or no confidence in him at that time.
Your complaint which was considered by PPC related to two issues. The first, that Deputy Lewis lied in the Assembly 6 years ago, is not something which the Committee is able to investigate as it is covered by parliamentary privilege. The second issue that Deputy Lewis had behaved poorly in not responding to your efforts to communicate with him, was considered by the Committee and it was felt that, although he had taken his time, he had responded and explained the reasons for the delay. The Committee therefore did not feel that he had breached the Members code of conduct.
PPC has to work within the remit outlined in the Standing Orders of the States. It has no power to extend beyond this remit and certainly no power to challenge matters covered by parliamentary privilege.
It is of course always open to any States member to bring forward a proposition in relation to Deputy Lewis’ conduct, past or present. I appreciate your frustration with the process currently available, but please do not assume that PPC seeks to ‘protect wrongdoers’. The Committee as previously constituted took steps to address the issue of members’ standards and codes of conduct and hopefully when the Commissioner for Standards is established (as approved by the States in late 2013) then the revised procedure for dealing with complaints against States Members will be robust."(END)
My Response
Apologies for my delay in replying.
You said in your email; “I am afraid that there is nothing else which the PPC can do at this juncture, other than to request that you consider sending us details of the complaint to which you eluded at our meeting.
Firstly I disagree that there is nothing PPC can do as I believe we agreed that it (PPC) could bring a vote of confidence/censure against Deputy Lewis but for reasons only known to PPC and yourself a blind eye approach has been adopted.
Secondly as I have explained (exhaustively) I cannot elaborate further on my complaint without the protection of privilege but PPC is denying me this protection by refusing me a properly constituted meeting. Andrew Lewis has the protection of privilege so I am at a huge disadvantage by being denied equality of arms.
Thirdly Attorney General Tim Le Cocq who is hopelessly conflicted is advising you and he knows more than anybody why I need the protection of privilege because (redacted for legal purposes). As if that didn’t make him conflicted enough he was the very person who was advising Andrew Lewis before, during and after Deputy Lewis’ (illegal?) suspension of the then Chief Police Officer. He is now advising PPC on how to deal with a complaint made against his own advice!
The advice given to PPC (presumably by the conflicted AG) is, to quote your e-mail; “If other members had considered that Deputy Lewis had mislead the Assembly, then it was their right to bring forward a vote of censure or no confidence in him at that time.”
The AG knows full well, and if PPC had done even the slightest of research would be aware that NO action could have been taken against Deputy Lewis at the time because a matter of weeks after he suspended Mr. Power he retired from politics and his apparent lies didn’t come to light until the Napier Report, Wiltshire Report, and the disclosure of the in-camera debate was made public, by which time Deputy Lewis was long retired.
With all this in mind I would like to suggest that PPC takes legal advice from an advocate who is not conflicted which would have greater credibility than an opinion from one of the parties who was involved (Tim Le Cocq) in the original suspension and who would have known that Deputy Lewis was apparently telling lies to the States but did nothing to enlighten members to the deception.
You also state in your e-mail; “It is of course always open to any States member to bring forward a proposition in relation to Deputy Lewis’ conduct, past or present. I appreciate your frustration with the process currently available, but please do not assume that PPC seeks to ‘protect wrongdoers’.
Firstly it is also open to PPC to bring forward a proposition in relation to Deputy Lewis’ conduct but, as mentioned earlier, it has taken the blind eye approach. (The Jersey Way) Furthermore there are seven members of PPC, including my own Parish Constable, and not one of them has contacted me, as a States Member, in order to bring any such proposition. What chance have I, as a member of the public got, in convincing any States Member to bring a vote of confidence/censure against Deputy Lewis when the body tasked with upholding Members Code Of Conduct, including its individual members, as well as my own Parish Constable flatly refuse to represent me in this matter and are all turning a blind eye? I am refused the protection of privilege afforded to the alleged “wrongdoer” and I shouldn’t assume the wrongdoer is being protected?
I maintain, due to the conflict of Senator Ozouf and that of the AG, the decision made by PPC to deny me a hearing to make my case is based on flawed and conflicted advice, particularly that of the AG who, in my opinion, has an interest in brushing this under the carpet. (The Jersey Way)
With that in mind I request that PPC reverses its (flawed) decision and either bring a vote of confidence/censure against Deputy Lewis or grant me the same protection he is afforded by allowing me to make my case to the Committee and grant me a properly constituted hearing?
To conclude; I would like to bring attention to PPC’s “minimalist” approach in its duties and suggest that the lack of pro-active commitment on its part is typical of the "hear no evil-see no evil" (The Jersey Way) attitude that got Jersey into the mess it is in over Child Abuse in the first place. Among all the legalistic waffle, and so-called protocols there is a plain issue. There is evidence that Deputy Lewis was part of a conspiracy to terminate the Child Abuse enquiry (Operation Rectangle) by (illegally?) suspending the Police Chief and that in order to achieve this he was apparently willing to lie to the public and to the States. If PPC is not willing to confront this issue but prefer to hide behind advice from one of the alleged conspirators then let the record show that is its position.
The Jersey Care Inquiry is copied in so that it can draw its own conclusions as to how much the culture in Jersey has changed since the Paedophilia was so rife on this Island and indeed how safe children really are today. How accountable authority really is and how whistleblowers are treated.
All members of PPC are also copied in (excluding the conflicted Senator Ozouf) so that they can (as private members) explain why they are not willing to take ANY action concerning Deputy Lewis’ apparent lies.(END)
What PPC's stance demonstrates is that nothing in Jersey has changed. We have an ongoing Child Abuse Committee of Inquiry where we hear abuse Victims/Survivors DID complain about their horrific ordeals but their complaints fell on deaf ears. Those in a position of authority were protected and unaccountable. They were seen as trouble makers if they dare question the State, they were brushed off and denied a hearing/voice. In 2015 the very same culture exists where whistleblowers are not afforded the same protection as those in power and look to have serious questions to answer.