Bob Hill Jersey Blog: Barclay Brother

The debate relating to the additional funding for the Committee of Inquiry was concluded yesterday with a resounding victory for Chief Minister Gorst. However his victory was sullied by the immature actions of five of his Ministers and two Assistant Ministers who let their personal feelings take precedence over those of the victims and the Island’s reputation.

Deputy Tadier’s three amendments were as anticipated kicked into touch, however his concerns over the capping of funding and time schedule should not be ignored by the Chief Minister or the Committee of Inquiry. Due diligence must be given to the money paid to Lawyers and all expenditure in that area must be heavily scrutinised. As mentioned in my previous blog the need for legal assistance should not be taken as a licence to bill. All legal expenses must be justified and not just met because of who is making the claim.

As with every debate there were some good, bad and hypercritical speeches and Senator Bailhache’s should not have been made. Senator Gorst’s opening speech was measured and he made some good points however I was hoping to hear that he was going to ask his Ministers to account for the £1.8m already spent on legal fees. Perhaps suitable words of advice had been given to his big spenders prior to the debate in exchange for their votes.

Senator Bailhache as the Island’s former Solicitor and Attorney Generals, Bailiff and Deputy Bailiff should have had the nous to know that because of his past positions he is heavily conflicted so should have declared an interest and left the Chamber. He made it clear from the outset of his speech that he was going to abstain yet took the opportunity to attack those who questioned his past positions and openly proclaimed that he had nothing to fear from any scrutiny. To abstain fooled no one and was a clear vote of contre.

It should be noted that the next issue the COI will be reviewing will be paragraph 13 of ifs Terms of Reference which is "Establish the process by which files were submitted by the States of Jersey Police to the prosecuting authorities for consideration, and establish –  Whether those responsible for deciding on which cases to prosecute took a professional approach;  Whether the process was free from political or other interference at any level. If, for these purposes, or as a result of evidence given under paragraph 7, in the opinion of the Chairman of the Committee, it would be of assistance that one or more of the prosecution files underpinning any prosecution decision may be examined in a manner to be determined by the Committee."

Jersey does not have an Independent Crown Prosecution Service and the decision to prosecute rests with the Attorney General who apart from being the Advisor to the States is also the Titular Head of the Island's Honorary Police Force whose Centeniers have the sole right to Charge. For a lengthy period for the past 25 years Senator Bailhache and his brother William have held the position of Attorney General so presumably will be key witnesses when the COI addresses paragraph 13.

William Bailhache who is now the Bailiff rightly stood down from chairing the debate because he recognised his conflict. Sadly his older brother did not.

For Senator Bailhache to abstain was a vote against his Chief Minister, the victims and the Island of which he is its External Minister. One is entitled to ask whether Senator Bailhache’s behaviour in the Chamber renders him fit to represent the Island. The Senator also appears to have forgotten the support he received from Senator Gorst after denying he had read confidential documents on an aircraft.

Deputy Tadier made an excellent speech; left no stone unturned and had the courage to challenge the actions of people holding key positions. His comments about the burden Sark residents have to carry with the Barclay brothers and Jersey’s burden with the Bailhache brothers was illuminating. I did however wonder whether a similarity with the Krays brothers was to be included but perhaps that would have been unkind to Ronnie and Reggie.

If Senator Gorst’s opening speech was measured it was surpassed by his closing speech in which it hit the nail bang on its head. He spoke of the cost and how difficult it was for anyone to hazard a guess as to what would be the final bill, but the States had made a commitment and it would have been far better not to have made a start at all than to stop before its completion on the grounds of cost.

He spoke of the impact the stoppage would have on the victims who at last had a feeling that not only was someone listening to them but they are being believed. Do we not owe them the closure they deserve? The third point was of equal importance that being the Island’s reputation. How could we as an Island conclude an Inquiry because we claim not to have the funds? The repercussions world wide would be too horrendous to contemplate. The backlash would have far greater financial implications than the funds required for finishing the job.

Senator Gorst’s closing speech was one befitting his status. Although to those listening it was pretty clear that he was heading for a handsome victory it was therefore disappointing that his pleas for unity and a unanimous vote were ignored by Ministers who did not have the humility to think of the bigger picture and of its impact on the victims and the Island. I defend their right to speak and to oppose, however when the time came for the vote it was obvious that they were in a tiny minority and it called for Statesmanship and to act in a manner befitting of high office but alas it was sadly lacking.

The photographs of the “Magnificent Seven” are published below. Given their concerns over the impending costs I await their explanations regarding financial prudence particularly from Ministers Refault and Bryans as their Departments have already incurred in excess of £750,000 in legal fees.

The Magnificent Seven ----Senator Bailhache, Connetable Refault of St Peter, Deputy Pinel, Deputy Bryans, Deputy Luce, Deputy Noel and Deputy Truscott can to seen below.