TWO Policy Council members could be involved in legal action over Fallagate. Social Security minister Mary Lowe is accusing Health minister Peter Roffey of making defamatory remarks about her and other ministers.

In a letter sent to all States deputies, she threatened legal action against Deputy Roffey because of claims he made in the Guernsey Press and subsequently on Channel News that she was part of ‘a gang of four’ who caused the withdrawal of the R. G. Falla clinical block tender.

‘For a senior member of the States to succumb to such libellous statements without any consideration to providing proof of such is nothing short of irresponsible behaviour,’ said Deputy Lowe in her letter.

She approached Deputy Roffey after the States debate on Wednesday 31 January to discuss the remarks he made on television the previous evening.

Deputy Lowe wanted an apology or for him to produce evidence to back up his claims, but was told to ‘take whatever action is necessary’.

‘Channel Television produced for me a full transcript. I then met with my advocate who confirmed your ‘Deputy Roffey’ remarks are indeed defamatory. Consequently he now awaits my further instructions.

‘I know I was not involved in a gang of four who created a situation, nor did I go to Policy Council with an

agenda.

‘I look forward to you producing proof otherwise.’

If Deputy Roffey does apologise, Deputy Lowe said she would consider withdrawing her legal threat.

‘Nowhere in the WAO ‘Wales Audit Office’ independent report does it state either in their summary or the complete report, my name, title, or indeed a gang of four.’

Deputy Roffey said yesterday that he would not comment on a threat of civil litigation from his colleague, but he did take exception to another allegation made in her letter, which questioned his contribution to the controversial council meeting of 7 August.

In her letter, Deputy Lowe said Deputy Roffey made a very significant statement that he asked not to be minuted which contributed towards a lot of the discussions and concerns expressed at the meeting.

She claims he told those present that he was relieved to see Charles Le Quesne’s offer for the clinical block come in at about the expected cost, but his ‘heart sank’ when he saw R. G. Falla’s was £2.4m. cheaper because he wondered how it could afford to do it for that little.

Deputy Roffey said her claims gave a totally misleading impression.

‘I did indeed make some comments which – for obvious reasons – were off the record, but which were very, very clearly intended to show how strongly HSSD, and myself, were supportive of the lower tender from R. G. Falla.

‘I explained that when opening the tenders, I had hoped that Charles Le Quesne would put in the keenest tender.

‘That was because at the time we had been experiencing a difficult working relationship with the management team from R. G. Falla overseeing the John Henry Court project.

‘By contrast, we were working very smoothly with Le Quesne on the Mignot Memorial Hospital.

‘I explained that despite this preference, the HSSD and I had been totally convinced by an objective and exhaustive post-tender assessment exercise which showed that the Falla tender was undoubtedly the best value for money and should be recommended to the States.

‘Indeed, that was also my first, instinctive reaction after opening the tenders, as can be confirmed by any member of my board.’

Deputy Lowe said ministers at the Candie meeting on Monday 29 January, which Deputy Roffey did not attend, confirmed to other States members that he did make such a statement.

‘It would be better for all concerned if you ‘Deputy Roffey’ would reflect on what was said within that 7 August meeting,’ she said.

Deputy Roffey added: ‘I wish to reserve most of my comments on this matter for the debate on the WAO report at the end of this month, but I did need to correct this attempt to rewrite history.’