Where’s the authority in a crisis?
Saturday 20th December 2008, 9:54AM GMT.
THERE is an irony in yesterday’s surprise announcement that the States of Guernsey has secured lifeline supplies of petroleum products in that this essential move has been brought about only through executive government that Guernsey does not have.
Faced with the very real possibility that two of just seven vessels in the world capable of delivering fuel to the island could be lost, the Policy Council has acted with commendable haste to secure the ships – and has broken all the rules in the book. Although instructed by the council to conclude negotiations, it is arguable that the chief minister had no real mandate to do so and he made clear in his statement yesterday just how exposed that left him feeling.
The important thing, however, is that a crisis having opened up, swift and decisive action was taken to prevent the island from losing its ability to receive bulk supplies of fuel and pass that on to Alderney, Sark and Herm.
All this happened behind the scenes and it was effectively a done deal that States members were presented with yesterday when they were updated on what had been done in their names but without their consent, which will be sought officially next year.
While the Policy Council is to be commended on its actions, what has happened illustrates the unsustainability of the current system which means that if the chief minister or the council has to act in an executive manner, it does so without explicit power or authority.
In this case, the need for action was clear-cut. The States had to act to prevent the loss of the fuel tankers and no one is really going to take issue with what has been done.
Circumstances will arise in the future, however, where the right course of action is not so obvious, but which nevertheless require a decision. It is also easy to predict that those circumstances would not enable the States to be convened or, even if it could, it would be the wrong forum to conduct commercially sensitive negotiations.
So while this outcome was exactly what the islands needed, the process of getting there is untenable and urgently needs revising.
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It is unfortunate, though not surprising, that some people should wish to use this incident to advance the case for executive/cabinet government.
I should say at the outset that I am wholly opposed to executive government. And I don’t think any deputy in this States has been more determined to assert the authority of the Assembly and rein in Policy Council where it has tried to act unilaterally without good reason.
However, on this issue, I take a slightly different stance – because of the genuinely exceptional circumstances.
Backbenchers like me know as much as the general public. And I look forward to the fine details being presented before the States in due course. In the meantime, in principle I should wish to offer my support to the decision made by Policy Council. Based on the information provided thus far, I think they had little option but to act as they did, and to do so decisively, in order to safeguard the wellbeing of the people of Guernsey.
But whether one agrees or disagrees with the purchase of the tankers, it is preposterous to suggest that this incident demonstrates the need for the Chief Minister or Policy Council to assume more executive authority generally.
Guernsey’s system of consensus government does not preclude departments and committees from acting decisively or unilaterally at a time of crisis.
A few years ago, the old Agriculture & Countryside Board was forced to exceed its mandate and assume executive powers without reference to the States in order to prevent foot and mouth from wiping out our dairy industry.
Where the circumstances are truly exceptional, significant decisions may have to be taken without reference to the States of Deliberation. A system of government that failed to recognise that would be dysfunctional.
And ultimately, any set of members that made a serious error of judgement in acting with that sort of authority would quickly face a motion of no confidence. Indeed, the possibility of that outcome serves to limit any power-hungry urges, and that can be no bad thing.
As I say, my information is very limited. But on this occasion, at this stage anyway, I am prepared to accept that the circumstances were exceptional enough to justify the unilateral approach adopted by Policy Council.
In any event, Policy Council’s mandate includes the following clause: ‘the co-ordination of non-operational matters in the event of an emergency, to preserve life and the well being of the community and the preservation of law and order.’ I think the term ‘emergency’ can be defined with sufficient scope to apply to the purchase of these tankers.
And although the rules strictly required the States to vote a capital allocation before the deal was done, any States member who dissents from the funding arrangements favoured by Policy Council is free to move an amendment when the matter is debated by the States early in 2009.
This might be an opportune time to consider one or two very minor amendments to the mandates of States departments. And perhaps it should be made more explicit that departments may act with greater executive authority in times of crisis or where genuinely exceptional circumstances make it irresponsible to prevaricate.
But using words such as ‘unsustainable’ and ‘untenable’ to describe our system of government – as the article above does – is well wide of the mark, in my view.
What this exceptional incident actually demonstrates is that when applied with common sense and in good faith, consensus government gives Guernsey all the tools necessary to act in the interests of its people.
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John Gollop complains that he and other backbenchers are being kept out of the loop on important decisions
Could that be because whenever they are in the loop the contents of private e-mails always manage to find their way into the media ?
The Policy Council was right not to risk that happening during these delicate negotiations
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It would seem that yet again we are coming into the yes that is okay debate yet again deputy gollop says he is not informed surely he has been in the states long enough to get something done about it, is it to gain publicity or just to see their name in the press come on you deputies there must be safety in numbers or are you worried about the comeback i sometimes wonder if these statements are printed because you have been told to jump and you ask how high to further your career i did think about going for deputy in this election but i will give it even more thought in the next elections.
Nobody no matter what their status is, should be allowed to make decisions on their own and suddenly after this decision has been made all of a sudden we are going to run out of fuel.
It is very sad that no one has got the bottle to stand up on there own and be counted to try and sort this mess out, dont reply on this forum get off your backside and make a name for yourself and you will earn far more respect fromn the people
Wayne Stokes
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Matt Fallaize
Your comments are all well and good given the limited info released to us mere mortals.
However whilst it has been widely acknoledged that we were being served well by one ship the PC and CM felt it prudent to purchase two?
What is the reasoning for this decision exactly cos I am still scratching my head!
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Ray
The publics purse is just that. We all have a right to know what is happening with it.
If you are suggesting that we will be better served by a secret service then I pity you and ask you and your ilk to put you money where you mouths are!
The majority of us are sick and tired of being taken for a ride at others expense already!
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Paul
I see that you are claiming to speak for the majority again.
Why don’t you await the January debate when hopefully all the details will be made public ?
Criticise then by all means but please don’t let your absolute hatred for all things CM cloud your every utterance.
I also see that you’re posting at 2.44am and again at 5.19am. Get some sleep man and perhaps in time you’ll get to know and love our CM for all the good things that he is doing
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