Back away from information freedom law, States to be told
Friday 29th July 2011, 2:29PM BST.

Belinda Crowe, formerly of the Ministry of Justice, who is advising the Policy Council on open government.
STATES members will be recommended not to introduce a freedom of information law, it is understood.
A report for the Policy Council will instead propose that the island’s government adopts procedures that would enable it to comply with FoI legislation should it ever be introduced.
Significantly, however, there will be no appeal route to challenge any department or body that fails to release requested material.
The approach is the brainchild of Belinda Crowe, who was a former information director at the Ministry of Justice before becoming a consultant. She has been engaged by the Policy Council to investigate how to improve open government and transparency.
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Another guernsey shambles
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Par for the course
The Policy Council is employing a reject from the UK Ministry of Justice to advise them on how to avoid making public the things they would rather not make public
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@ Above nonsense – no missus, not.
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If the Policy Council wish to improve on more open and transparent government then why employ a person who was with the Ministry of Justice but is now a ‘consultant’and at what cost?who is advising the States not to introduce the freedom of information law.
Let the people of Guernsey decide in a referendum if they want freedom of information.
For there to be no appeal channel is wrong as it should be our right to challenge any department within the States.
It is States departments that spend the peoples money they have to be held accountable.
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Alan
We do have a right to challenge.Unfortunately it only comes around once every four years.
Let’s all make sure that this time around we show our appreciation (or otherwise)of what our leaders are doing for the island
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Of course there won’t be a referendum – how many people outside of the States would say that there should be no transparency?
It is interesting and disappointing though that only 5 people comment on this while there are hundreds who will take the time to comment on a woman who has a few more kids than average, even though the impact on them of her actions is about 50p a year.
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@ j jones. I too find it remarkable as to how few people have commented on this topic. I have been so gobsmacked by it that it has taken me untill now to face it again. Maybe others are still trying to recover or maybe they have just come to expect this sort of tactic from the policy council.
Combine a lack of anti corruption laws (proposals for which were rejected by the states of deliberation) with the unwillingness to introduce freedom of information legislation, there is really only one assumption that can be arrived at.
Make no mistake, this report is the brainchild of the policy council, it is they that don’t want freedom of information introduced and they have the audacity to use taxpayers money to pay someone else to tell us.
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Indeed, the only reason for using consultants is to add a perceived authority to the answer you have already chosen.
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j jones
Spot on
Didn’t somebody suggest recently that there should be a ‘Consultancy Tzar’ so that any department considering employing such a creature would have to justify the need and the cost beforehand?
Oh I forgot … it was also suggested that the Policy Council members would take turns to be the ‘Tzar’
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Ray – and we all know what happened to the Tzars!
The thing that worries me is that I beleive that our politicians are too weak and the top Civil Servants too powerful.
Who would benefit most from no freedom of information?
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Gilthead
The politicians would benefit most because it’s virtually impossible to sack a civil servant who fouls up. They tend to get shuffled sideways or even promoted out of the offending department
Politicians on the other hand have to face their employers (us insignificant taxpayers)
every four years
There are departments where the civil servants seem to be running amok (Environment appears determined to hold on to the gold medal)
If politicians can’t control their departments we will have to install new politicians
Roll on the Spring clean in April
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If anyone believes that our politicians can be trusted to voluntarily work along “open government” lines, then they need their head tested.
There are far too many of them who have demonstrably proved that they are anything but trustworthy, including the chief minister, deputy chief minister, and housing minister. That does not make them unelectable as in the face of inadequate competition they stand a good chance of getting back in. If the salary on offer was a decent one then talented people might stand, whilst it is so low very few capable people will as they simply can’t afford it.
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Ray and Phil – couldn’t agree more!
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After reading the headline of this latest little cherry,…
I’m going to ask a question of those who contrive to keep us in the dark…
My question is this
“What flag do you people have at home?”
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sorry about the length of this comment, but this is a topic i do get frustrated by, especially as most states members will say they are all for transparency, but do there utmost to avoid it!
this is a copy of a letter i sent to every deputy. you all may wish to comment.
‘The following post concerns good governance, financial management and control procedures within the States and the civil service.
In this age of increasing levels of education, improved ICT skills and the influence of the media, the public take good government and sound governance as a matter of course. They want to know how and why, and who is responsible if things go wrong. In my opinion the following equation is the way the public sector should work.
An organisation (States of Gsy) achieves objectives (policies) on behalf of stakeholders (the Gsy people.)
Governance is safeguarding the organisation to ensure the objectives are achieved in an accountable and transparent way.
We need compliant financial management and a control policy that ensures government policy is effective in its day to day working. Do we have performance orientated management? Do we have annual appraisals in which specific targets are set out and met? We must learn from our mistakes and where there has been mis-management in the past whether it be improper administration, fraud, failed supervision or just administrative errors, if these were systemic failures then we need to make sure that procedures are put in place to ensure that these failures don’t happen again.
As I see it a Minister should take a managerial view on his department’s policies. This is what he/she is accountable for. These are policies that would have been set out by the States. A system of procedures then has to be put in place and maintained by his/her department ensuring that the policy objectives are achieved. The department has to provide information on all procedures undertaken therefore rendering itself accountable. Any risks in carrying out policy must be noted and filed appropriately, this is sound governance. We must have adequate supervision to establish whether policy objectives are actually being met. Accountability reports that provide an account of activities within the States must be issued on a regular basis and in a clear and transparent manner.
How do I define good governance?
Governance is trying to achieve better Government by ensuring effective controls are in place to ensure transparency and high standards of conduct and behaviour. It can be broken down into three sections.
Integrity, Each member must be honest and objective and set themselves high personal and professional standards.
Openness, The public must have confidence in each members ability to make decisions, and any consultation with the public must be genuine.
Accountability, All states members/staff must take responsibility for their decisions and actions. All members must make themselves available for external review should it be required.
In my opinion a code of governance must be drawn up to ensure that the government is subject to ongoing scrutiny and applies good governance at all times. This code will outline a set of procedures which will be accepted as best practice. The aim of this code is to ensure that the public has confidence in the Government and that is acting in the public’s best interest by showing transparency and accountability. All members must have a clear understanding of their role and their responsibility within that role, this can only come about if a robust corporate governance structure is put in place with clearly defined targets for its members.
There must be annual reviews, by a scrutiny committee, and a report produced for release to the public which clearly details any failure to adhere to the code of governance. This report must provide details of any measures taken to rectify problems that needed addressing.
In the case of the States of Guernsey and its members a vision for Guernsey must be created and implemented and all members must work together to achieve this vision. All members must make well informed decisions at all times, and these decisions must be transparent and subject to scrutiny and risk assessment.
The local population must be consulted on all major policy shifts, if necessary, by referendum, to ensure accountability at all times.
Following on from my post with regard to good governance within the States of Guernsey, you may ask how do we ensure transparency,accountability and integrity of our elected representatives?
In my opinion and in agreement with the Public Accounts Committee the role of Auditor General or an Audit Commission should be created. this would be a totally independent role acting on behalf of the local taxpayer to ensure that all States resources are managed effectively and in a totally transparent manner. It would investigate how the various committees spend their budget and make sure finances were managed to the highest standards. also, and this is a key point, the Auditor General’s office would strive to make sure that value for money was being delivered.
Another key role of office would be to, where appropriate, suggest improvements in management practices to create a more efficient use of Government finances. It would demand compliance with all legislative requirements.
As well as financial audits I would expect the office of the Auditor General to carry out performance audits to ensure objectives are met within the time constraints set out and that duties are carried out as required by the various Government departments. Any issues that arise out of these audits must be reported to the department that is being audited so that a thorough investigation of the issue can be made and a report and suggested solution be prepared. If a significant problem arises then a report is to be prepared and put before the States of Guernsey. All audits, where possible, are to be made available to the public.
Any recommendations that are made by the Auditor General can only be implemented by Government. It is expected that any recommendations made by the Auditor General should result in savings of public funds and efficiencies going forward.’
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One of the problems is that the Policy Council are getting too powerful, many Deputies i speak to say,for the most part they know little of the detail of what is going on. I agree the Civil servants are running the politicians and i doubt many Civil Servants want the boat rocked with the public actually having the right to ask questions.
There is no doubt in my mind that this is one area where we should be in line with the UK and introduce a freedom of information law. Over the past few years i have asked many questions of government and 95% come back as “confidential” and that’s an end to the matter.
Whilst the Policy Council go against it there is little chance of it going ahead.
Lets make it an election issue. Go for freedom of information or I don’t vote for you.
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And just how many of the present deputies do you people of the righteous expect to vote out at the next election? 20, 30, the whole lot so that we can start anew?
Don`t be so pathetic, with the apathy of the voters and the system presently in place today you`ll be lucky to vote one out, besides, where are you going to find 50+ newbies with the knowledge and skills required to be a good deputy.
If you want to get rid of the freeloaders who supress any freedom of information then get rid of salaried politicians and pay them an attendence fee. (We ALL know that won`t happen because THEY have to vote not to pay themselves.)
How many of you righteous people would put yourselves forward for the vacancies you propose or even as a volunteer on a panel running each department? Come on, be honest, which of you would be brave enough to back up your gobs? I certainly wouldn`t.
If you want to have vision of yourselves go to The Whiterock Cafe at lunch time and listen to all the rubbish being bandied about between the people, including one or two of the current Deputies, that sit around the big round table.
A better cross section of Guernsey`s wisest idiots you will not find, especially a rather rotund Father Xmas lookalike who`s every second word is the “F” word. (After this they`ll all be moving to the smaller tables now.)
You`ll either join in with them and carry on talking rubbish or come away wiser and vowing “never to be like that”.
Go and have a cup of tea and a listen, you`ll learn a lot, none of it worth while but you`ll learn a lot.
GET REAL and stop talking rubbish.
One other thing.
How many shareholders of ANY public company know the full workings and reasoning behind decisions made on their behalf by the Senior Executives of the company? How many decisions are made open to the shareholders before, during or after such decisions are made and how much power have shareholders actually got to oust anyone they think unfit for their position.
Equate the answer to those questions in relation to our States of Guernsey and you have your answer.
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“where are you going to find 50+ newbies with the knowledge and skills required to be a good deputy.”
- even just having a brain would be an advantage over the current crop of bumblers!
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Would the Freedom of Information Law allow me to find out how much cash Belinda Crowe is being paid in consultancy fees for advising the States about this pre-determined decision?
I guess you don’t pay consultants for stuff you don’t want to hear, so Ms Crowe fits the bill perfectly!!
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Why does it not surprise me that Guernsey doesn’t want a Freedom of Information law. Such things are reserved for open democratic societies not medieval mindsets who believe in total control plus unquestioning and complete obedience from their revolting peasants.
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Whilst our CM is swanning around the world signing TEA’s he can’t possibly have the time to sort out a Freedom of Information law,unlike Albania,Armenia,Azerbaijan,Bangladesh,Dominican Republic …. Zimbabwe .. you get my drift ?
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Well. we’re only a small Island, but we have the guts of a tiger,
all over the world people are revolting at the the heavy handed methods being used.
I think our lot of pseudo politician had at best, better their ways, because maybe- just maybe people will rise up from the ashes and and a new Phoenix will be born. The old lot will wither away,
THE SOONER THE BETTER
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