Land grab case has not been made
Friday 28th January 2011, 2:30PM GMT.
On Wednesday, Public Services withdrew its report on a crucial phase of the airport runway development proposals to give time for a paper on the viability of arrester beds, which could reduce the amount of green field land required for the work.
PSD was wise to delay: the cost, the size of the project and fears it is a back-door way of extending the runway could all have backfired on it.
What has not been properly considered, however, is the desire by the department compulsorily to purchase a small field that has been in the ownership of the Le Messurier family for generations and which has considerable sentimental value to them.
PSD justifies its desire for compulsion – which Guernsey has traditionally been extremely reluctant to use, invoking, as it does, memories of the Occupation and the commandeering of property – on the grounds of expediency.
That suggests, on strict definition, that to do so is convenient and practical, although possibly improper or immoral. The test it should be using, and which the States has already agreed although the legislation is not yet in place, should be far more onerous.
Everyone is entitled to the peaceful enjoyment of their possessions under human rights law and that should be set aside only in exceptional circumstances. PSD itself suggests that seizing the field is ‘essential’ but its report does nothing to justify that claim.
Convenient, certainly. But from what is in its Billet d’Etat report that might well be because it is simply the easy option. There is no explanation of what steps would have to be taken if that parcel on land was not available.
Forcing individuals to relinquish their property is a draconian act and government should do that only when there are no, or exceptionally unpalatable, alternatives. PSD has not made such a case and should be told by the States to do so.
Additionally, because of the delay in drafting the amended, human rights compliant version of the compulsion law, the Le Messurier family are denied the very appeal process the States decided in 2009 should be in place.
Public Services should not be bulldozing Guernsey people in this way.
* Nick Le Messurier was features editor of this newspaper a number of years ago. Neither he, nor the family, were aware this column was being written.
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