Jersey's Historical Abuse Inquiry--No Stone Left Unturned??

On 1st March 2011 the States approved P19/2011 as amended; which requested the Council of Ministers (COM) to establish a Committee of Inquiry (COI) into Jersey's Historical Child Abuse. It has taken the COM two years to draft a proposition seeking to provide a mechanism to appoint a COI along with its Terms of Reference (TOR).

The public is entitled to know why it has taken 2 years to lodge a proposition which is due to be debated next Tuesday 5th March. Very few people are aware of the reasons for the procrastination or the difficulties a small group of interested stake holders had to overcome to ensure that the proposals will do justice to the Island and the abuse survivors in particular.

Two years ago Senator Le Gresley lodged a proposition P19/2011 requesting the COM to reconsider its decision not to establish a COI into the Historical Child Abuse. I was of the view that the COM would be only too pleased to accept the proposition, would take months to reconsider and come back to the House saying that it was retaining its original decision.

It should be noted that soon after the outset of the police investigation into Jersey's historical abuse in late February 2008, the Chief Minister at the time Senator Walker lodged a Report R27/2008 which contained 6 relevant issues and said that if they were not addressed the COM would establish a COI. He also said there would be no cover up, no expense would be spared and no stone would be left unturned.

I lodged an amendment to Senator Le Gresley's proposition asking the States to consider whether the 6 issues had been addressed, and if not then the COM should establish a COI. I also made it clear that if it was agreed to establish a COI its TOR should include addressing any other issues that had arisen during and/or had emanated from the investigation.

Deputy Tadier lodged an amendment to my amendment in which he very importantly asked that the TOR should include a review of the role of the Crown Officers and "Was a consistent and impartial approach taken when deciding on which cases to prosecute; and was the process free from political influence or interference at any level?”

Following a 5 hour debate Deputy Tadier's along with several of my 6 issues received States support by 37 votes to 11  and the COM was charged to lodge a proposition to establish a COI along with its TOR. It should be noted that at the end of that debate a promise was made by the then Chief Minister, Senator Le Sueur that, I along with a member of the Jersey Care Leavers Association, Deputy Tadier and Senator Le Gresley would be involved in drafting the TOR.

We were of the opinion that there had to be transparency in the appointment of the COI and its TOR should ensure that all avenues were explored and in the words of the former Chief Minister Frank Walker that “no stone would be left unturned” It also wanted to work closely with the COM to ensure that both parties were satisfied with the TOR and that the COI could get underway without undue delay.

In June 2011 we were asked to comment on a proposal to appoint Verita to draft a set of proposals along with TOR. We unanimously supported the proposal. In November 2011 following wide ranging consultation Verita came forward with a set of proposals along with TOR which appeared to be sound and robust.

It was evident that they were too robust for the COM because last summer it appointed Andrew Williamson to comment on the Verita Report. Mr Williamson came up with a watered down set of proposals which clearly influenced the COM.

Following a further period of procrastination on 6th November 2012 the COM lodged its proposition P118/2012 seeking States approval to establish a COI along with its TOR.  The date for debate was set for 15th January.

Unfortunately although the COM was frequently reminded, it did not keep its promise to discuss the way forward with Deputy Tadier, the Care Leavers represented by Ms Carrie Modral and myself (the Group). Following the Proposition’s lodging the Group was enlarged to include a small number of States members and very importantly Daniel Wimberley the former Deputy of St Mary.

The Group noted that the TOR fell far short of Verita’s recommendations so on 5th December wrote and submitted a set of amendments to the COM asking to meet to discuss them. Unfortunately on 18th December without consultation the documents were submitted to Verita for comment. They replied on 7th January and were generally supportive of the Group’s amendments.

Unfortunately the COM again declined to meet the Group to discuss the amendments or Verita’s response and on 5^th February went ahead and lodged most but not all of the Group’s amendments.

Doing this without meeting the group has turned out to be premature. Since that date (February 5th), we have had to lodge amendments, there have been meetings with the COM, they have lodged amendments and we have lodged a final amendment. It is all very confusing and could (mostly) have been avoided. However, as the saying goes, we are where we are.

The Group was of the view that after the COM lodged its amendments on 5th February that some lacked clarity, excluded some important areas and the issue of the Crown Officers position fell short of  Deputy Tadier’s approved amendment to P19/201. As a consequence of the COM's failure to accept or even discuss all of the Group's amendments Deputy Tadier lodged amendments to the COM's amendments on 12th February 

As a result a meeting was quickly arranged for the next day and the Group finally met the Chief Minister Senator Gorst and Senator Le Gresley to discuss the amendments and what common ground could be agreed.

The Group has always been of the belief that it should be for the COM to lodge any amendments to the TOR as they were more likely to be approved than if lodged in Deputy Tadier's name. The meeting on 13th ironed out a number of wrinkles and the Group is appreciative of the support, although belatedly from Senator Gorst but as I have pointed out above, it all could have been so much easier if Ministers had met with us far earlier. In a spirit of compromise it was agreed that Deputy Tadier would withdraw his amendments and some would be incorporated in further amendments which would be lodged by the COM.

On 27th February the COM lodged a further amendment(3) which will widen the scope of the COI to consider alleged abuse in non-States run establishments providing for children. It has also amended a limb of TOR 13 which relates to the Crown Officers. The amendment is subtle and instead of the words "whether those responsible for deciding on which cases to prosecute took a consistent, professional and impartial approach?" the words consistent and impartial have been removed.

The COM's reason for the amendment is based on an assurance from Verita that the word "professional" is sufficient. Verita says that "A characteristic of professional behaviour is one of objectivity. Objectivity means thinking and action undistorted by emotion or personal bias. The word "professional" therefore implies the characteristics of both consistency and impartiality."

Whilst the Group was willing to compromise by supporting the above amendment, it was of the view that the COI should not be constrained when reviewing the Crown Officers' role particularly in view of the States approving Deputy Tadier's amendment 2 years ago. It believes that the COM is being too prescriptive and should not be setting out the exact and only mechanism by which it will allow the COI to examine prosecution files.

Much concern has been expressed about the perceived inconsistency whereby some people have been prosecuted whilst others particularly in more senior positions have not. To echo the words of the former Chief Minister Walker, "there will be no cover up." So how will the COI address that allegation if its hands are tied? On 26th February Deputy Tadier lodged a further amendment Amd (2) asking the States to approve his amendment whereby the prosecution files "may be examined in a manner to be determined by the Committee."

The Group is mindful that the COM is being advised by the AG who is conflicted and is concerned that in paragraph 11 in his Comments lodged on 31st January he states "Neither the States nor a Committee of Inquiry can give directions to the effect that criminal proceedings should be brought in any particular case or given any direction relating to the investigative or prosecution process."

If the States or the COI cannot give directions, then who can? With respect to the AG and other Crown Officers they are public employees and should be accountable in some way to the Taxpayer. It may be that neither the States nor the COI can give directions, but surely someone should be able to ask the Crown Officers' to account for their decisions. That is what Deputy Tadier is seeking in his amendment and believes that the COI should have discretion in the way it conducts its inquiry into the prosecution process and it should not be constrained by the States Prosecutor who is also the legal advisor to the COM.

It is most unfortunate that the Chief Minister did not adhere to the promise given by his predecessor and work with the Group whose only objective was for an independent COI armed with the tools to do its job. Had he done so, not only would the matter have proceeded more expeditiously but there would have been a clear set of coherent Terms of Reference at the outset which would have made much easier reading than at present.

However "we are where we are" as the saying goes and hopefully the COM will lead from a united front including those Ministers who 2 years ago voted against establishing a COI.

It is important to show not just Island residents but the watching world that if the proposition and ALL the comprehensive and robust amendments are approved, it should allow the Committee to conduct an effective and timely inquiry which "will leave no stone unturned.”

I have previously published 3 Blogs relating to the Historical Abuse issue which may be helpful to those wishing further information.

Previous Blogs 30th  October 2012      Savile skeletons in the cupboard
                           6th    November 2012   One small step
                           28th November 2012    Possible amendments




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