Knives were out for 'unknown' committee

KNIVES were out in the States last week, well, blunt plastic ones at least, but they were not aimed in the obvious direction.

While Public Services had a relatively smooth ride with its compulsory purchase plans, it was the Legislation Select Committee that was the target of some members' fire.

And with its chairman John Gollop admitting that it was 'pushing at a closed door' with any plans for change, a cloud hangs over the States as a legislative body.

It is one of the crucial roles of government, but the scrutinising of laws is one of this Assembly's weakest points.

That it is seen as unusual to even debate laws once they have been drawn up speaks volumes. Last week's rumbles about how open to interpretation the new legislation for the Law Enforcement Commission was is a rare exception.

It was Deputy Sam Maindonald who started the criticism of the committee that she quit earlier this term.

'Legislation Select Committee, you have to step up. I'm tired of hearing things are going to change because they never do,' she said.

Deputy Gollop said after the debate that people did not want change.

'There's a complete and dire lack of interest in moving this agenda forward,' said Deputy Gollop.

'The difficulties come at two levels, the first has been the staff support for the committee.'

There is very little.

'The structure for broadening our legislative function is not there because we are a committee without a budget, without status in the States Strategic Plan and without a chief officer in the normal sense of the term,' he said.

Last term, three of the 'parliamentary' committees were brought under the umbrella of one officer, but the Legislation Select Committee voted against - something Deputy Gollop thinks was a mistake.

'Our title is misleading,' he said.

'We're not really a parliamentary committee, we are a proofreading committee, a committee that has technical advice given to us, a committee that makes some executive decisions to implement legislation quickly - for example, terrorism laws.

'We are useful in ensuring that legislation that goes to the States is congruent and in conformity with States resolutions.

'I think we do that well and will in detail scrutinise draft legislation to ensure syntax, grammar and sense is correct.'

But there was a sense last week that members wanted so much more than proofreaders.

But they may have to look at themselves in the mirror too.

'My personal view is that members should be more like parliamentarians, more focused on legislation and reading and revising it and not just focused on policy making, which is more of an executive function in my view. Our system of consensus government without executive leadership has not encouraged members to fulfil their primary role to scrutinise legislation.'

Deputy Gollop has spent seven years on the committee - initially under the chairmanship of Claire Le Pelley.

The culture, he said, had not changed since the days when former Bailiff Sir de Vic Carey headed it.

'I would argue that the structure of the committee has worked moderately well in delivering legislation, but it's not really fit for purpose for the 21st century because it is a 20th-century creation,' said Deputy Gollop.

The initial Harwood report into the Machinery of Government recommended that the committee be wound up.

It was essentially saved by an amendment Deputy Gollop placed.

'But I don't have the resources to deliver a really first-class legislative organisation,' said Deputy Gollop.

'For a start I would like to see a law commission established, whether as part of the committee or not, which would be a group of legal professionals, maybe key people, who would glean information from law firms, the Guernsey International Business Association, etc, about where new legislation needs to be argued and tightened up and outsourced on occasion.

'I'd also like to see a Legislation Committee that, like Scrutiny and the Public Accounts committees, had reviews of legislation and public airings - for example, an open hearing on income tax legislation. Professionals could give views about whether Guernsey's legislation was going the right way or not.'

He also saw some merit in a system like the Isle of Man.

There is a legislative council that exists on a different level to Tynwald or the chamber, which effectively gives a second reading to legislation which is in the public eye.

While the committee got criticised for the Law Enforcement Commission, the failings many picked out were more in the policy of the body being formed in the first place.

It was not the committee's role to challenge the policy - if it did, Deputy Gollop warned it would be like having a second Policy Council.

Last year, the States decided to prioritise legislation in a non-political way, which Deputy Gollop said was a mistake as it took his committee out of the process.

'We're very much a reactive body.'

So it cannot determine which legislation it gets to read. For example, it could not ask for the animal welfare legislation to speed up.

Instead the power lies with the Policy Council and departments.

'If we had a legislatory council, or a ministry of justice, it would be possible for someone like me or my successor to have a more executive role in deciding what legislation we as a community need,' said Deputy Gollop.

'Having congruent, up to date and fair legislation is the first requirement for Guernsey to have a successful economy, society and independent executive. '