Shipping law raises questions
Friday 15th January 2010, 10:00AM GMT.
I HAD hoped, despite the run-in to next week’s Christmas Chief Pleas, that I could write prosaically about crocodiles of children and snowdrops defying the elements – however, having read the forthcoming Chief Pleas agenda my conscience drew me irresistibly, but dangerously into the arena of Sark politics.
This is perilous ground, for everyone has a firm opinion.
It’s made more difficult in that we all seem to have multiple roles and I am no exception, for beyond a variety of activities I am also employed by a Barclay-owned company.
This can mean the way you relate to somebody as a friend can be affected by the various jobs that you do and the part you may play in an official island capacity.
The meeting of our parliament on 20 January is the first anniversary of a fully democratically elected assembly and maybe I should have taken time to review the first year, but that’s for a braver man.
There’s a range of public opinion that varies from the impressed to the depressed. Some take positives from a sitting that, previously needing a day and half, is now compressed into three hours. Others see that a chamber comprising mainly members elected in an anti-Barclay backlash has no effective opposition and that the speed with which business is resolved reflects the predominance of one way of thinking.
The agenda topics range through the registration of charities, outlawing of frilly necks in inkwell lobster pots, medicines, education, building development, harbours and shipping. There is much that deserves scrutiny, but one issue alone drew my attention – the Shipping Committee’s proposal for the amendments to its licensing law.
When I originally read the committee’s recommendations it left me with more questions than answers. An innocuous enquiry to one Chief Pleas conseiller revealed little other than the proposed amendments being an effort to tidy up some aspects of the shipping law to give Sark more control and beyond that there is nothing to cause alarm.
I asked Peter Cole, the Shipping Committee chairman, for clarification and he kindly obliged me with a full raison d’être that made it quite clear that the intention is to strengthen the legal protection of Sark’s lifeline shipping service.
The Spencer Review of 2007 stressed that there could be no competition on the Guernsey-Sark route, particularly because the summer service subsidises the winter one – that is a tenet of the island’s shipping policy and one that is generally accepted. However, the aspect of the proposed changes that raises concern is that operators of vessels trading to or from ports outside the Bailiwick will need to apply for a licence. These applications will not be opposed where the overall effect does not jeopardise the viability of Sark’s lifeline service.
If I can express a concern, it is that a good law has to provide a level playing field where all are judged equally. Here, within the amendment, there is an element of subjectivity where personal agendas can intrude and affect the final outcomes.
My first experience of this kind of subjective law was many years ago when I first arrived on Sark and received my first tax bill. My assessment had been made, rightly or wrongly, on the basis of what the douzaine thought I was worth and pitched higher than needs be, because I might just pay it anyway.
Talking with a plummy accent and buying a yacht didn’t help my case, but there was more than a hint of self-interest and whimsicality in the way the law was applied. This nonsense was soon addressed and the law was changed, not necessarily to be fairer, but to at least provide a set of rules by which every participant knew exactly where he stood.
If a law is badly formed then it will come unstuck, because that is the nature of the beast. However, on Sark particularly, where we have contention between two sets of interests, there is the potential for the proposed shipping amendments to be used against the current activity of the Brecqhou Warrior.
It poses a couple of questions – is this law change being proposed as a measure to stop the work of the Brecqhou Warrior and, secondly, is this anti-competitive, beyond the remit of Sark Shipping’s current monopoly of the Guernsey route?
William Gladstone probably had it right when he said that for him politics was just a matter of moral choices. We don’t have a William Gladstone in Chief Pleas – not yet.
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I must say I am struck by your use of ‘anti-Barclay backlash’ for a wholly democratic election.
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Keen observation Peter. And well done for bringing up the query although an honest answer without an agenda is unlikley.
As for democratic election Dectora. Yes in principle it was very democratic. However, the result will always be at the mercy of the candidates who put themselves forward. Qualifications, or lack of, to govern and the hopeful lack of agenda of the candidates who put themselves forward means that the result is always going to be one sided and in this case, without any proper opposition, as it was seemingly a landslide victory for one particular group.
The voting seemed to have been based on people with an agenda ie those who have private means, work for various employers or own their own businesses and those who work for a single company and have loyalty to their employer. It will always depend on the larger group! The two tribes scenario will always exist I fear on Sark given the restraints put on some voters and not on others. If everyone had voted for the most experienced and clear thinking
of the candidates that put themselves forward, maybe the vote out come would have been different. Maybe a lack of choice was a problem too!
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Jay – speaking as an outsider (from Guernsey) I find it intriguing that you link the exercise of someone’s democratic right to vote with “loyalty” to their employer. That sounds very Dickensian, with the rich effectively deserving to win political support in return for the privilege of being able to work for them.
Even on a small island, cannot each person have their own views as to who is best placed to serve the island, rather than voting for the nominees of their employer in order to secure their livlihood? The latter is no form of democracy that I recognise.
Maybe I have misunderstood your point.
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I totally agree with you about each person having their own views as to whom to vote for but in a small place where jobs are at a premium and one has a family to feed plus a personal loan to pay for your house (no mortgages on Sark) I still feel that it eventually colours ones views when finally making your mark on the voting paper. I have no personal axe to grind on the voting system chosen by the majority of residents on island and the use anyone makes of the system. At least it is democratic now.
My original point was my interest in the fact that Mr. Cuneen was bringing up the point as to why the shipping amendment was being bought into play and the fact that he had taken the time to query the reasoning behind the amendment. Interesting to see what happens to the amendment. Hopefully a level playing field for all concerned.
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Jay – noted
The reality is that people will feel they need to protect their jobs if the island’s main employer is putting forward multiple candidates. Which makes it all the more despicable that the employer tries to take over the Chief Pleas in the first place (and then pleads the cause of democracy in the HoL). But that is an outsider’s view.
Did the population vote for who they wanted, or was there a “backlash” against the Barclays? Who knows. I hope that there was not too strong an element of “anyone but the Barclays” as that is almost as bad as being forced to vote for an employer in the first place. The rejection of the attempt to swamp the Chief Pleas was satisfying to see from over here, but now the onus is on the elected members to put aside any divisions and act with fairness and integrity. As you say, it will be interesting to see what happens to the amendment.
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