The right candidate is needed now

Saturday 14th March 2009, 10:26AM GMT.

YESTERDAY’S announcement that HM Procureur has decided to resign and instead become the director-general of the Guernsey Financial Services Commission might be surprising but it is certainly good news for the commission.

His background and, while in private practice as an advocate, hands-on experience within the financial services sector make him a compelling choice for the commission, which is no doubt why it approached him.

After all, the current DG is a hard act to follow, as the independent review of the regulator’s handling of the Landsbanki collapse demonstrated.

Conversely, however, the GFSC’s gain could be the island’s wider loss.

One of HM Procureur’s leading roles is helping to represent the Bailiwick in international forums and in international negotiations.

Quite apart from requiring detailed knowledge of complex legal and regulatory matters, it also demands someone of a robust nature able to argue on behalf of the islands in a sometimes hostile and confrontational arena.

The current Procureur is certainly up to that brief and the Bailiwick and States of Guernsey have benefited from his abilities.

This newspaper has argued that the existing responsibilities of the office of HM Procureur, as currently drawn, are too wide. That, however, is of secondary importance to getting the right candidate for the post at this difficult time.

The reason is that Guernsey’s right to operate as a legitimate low tax jurisdiction providing competition to overtaxed countries elsewhere is effectively on trial and it is currently a trial by a media briefed by hostile politicians.

Responding effectively in such a charged and loaded environment will require Guernsey to muster considerable skills and resources – possibly in collaboration with Jersey – and the involvement of the island’s attorney-general will be crucial.

What the forthcoming vacancy also highlights is how a replacement is selected.

When the Isle of Man was considering this matter in 2005, it proposed an openly advertised plus interview process. In Jersey, the position is also advertised.

Guernsey’s system is based on recommendation and consultation and looks dated by comparison.

The issue today, however, is obtaining the right candidate, especially in the current climate.


  1. 1
    Stephen John

    “After all, the current DG is a hard act to follow, as the independent review of the regulator’s handling of the Landsbanki collapse demonstrated”

    What the so called independent review failed to deal with was the admission by the outgoing DG of GFSC to the Commons Committee that he didn’t know what was going on because the FSA hadn’t told him.

    Hardly the competence expected of a hard act to follow!!!

    At least the FSA have had the decency to say they messed up.

    Report abuse

  2. 2
    Paul

    Stephen John
    It would appear as though the FSA have pretty much admitted liability then?

    Surely it had a duty of disclosure to such information. If so then it would appear as though the local savers funds have been stolen due to non disclosure.

    This is a white collar criminal offence. This should be easy for the Island to settle?

    I feel the biggest hurdle for the savers and their money is the CM.

    This Island and its politicians need to accept that whilst it is happy making money others are losing out and now G20 members will do whatever it takes to prevent any future repetitions.

    Our politicians are quite loved up with the fact that the Island is transparent but outsiders are seeing right through this old chestnut.

    One man’s loss is another man’s gain. It time the politicians thought about this as though the boot was on the other foot.

    Report abuse

  3. 3
    Stephen John

    Paaul

    What the FSA has owned up to is its regulatory failures.

    Like the GFSC, the FSA clearly didn’t know what was going on, despite all the warnings.

    It seems from what Hector Sants and Lord Turner have said that boxes were ticked. Problem is what was in the boxes was not examined closely enough.

    The GFSC relied on the FSA despite the many articles prior to October 2008 questioning the ability and resolve of the FSA.

    It makes you wonder about the value of the GFSC.

    Report abuse

  4. 4
    Fast Robert

    Stephen John
    “It makes you wonder about the value of the GFSC.”
    About £8m the last time it was reported?

    Report abuse

Campaigns

Voice For Victims Voice For Victims

Voice for Victims is a campaign aimed at promoting the rights of those affected by child sexual abuse.