Lawyers advise committees not to release redacted files

The two committees have handed over 1,400 pages of submissions for Scrutiny to review, but the redactions involved have led that committee to say it would be impossible to carry out a proper investigation of what happened.

Some 350 pages have significant redactions, Guernsey Press enquiries have found.

The Guernsey Press requested copies of all the redacted submissions, something which would shed light on the claims being made by both parties. These have already been approved by States lawyers as ultimately being acceptable for publication and compliant with the data protection law.

It is now nearly a year since the job interview at the heart of the issue unfolded.

‘The submissions, which amount to more than 1,400 pages, primarily contain email chains and other correspondence between deputies and employees of the States of Guernsey, were lightly redacted (more than three-quarters of the submitted pages have no significant redactions) to account for data protection requirements,’ a spokesperson for ESC and P&R said.

‘Essentially, a small number of people did not consent to their personal data being provided to Scrutiny, so this had to be redacted to comply with the law.

‘Unfortunately, simply publishing our submissions through the media as an alternative way forward is not feasible and would be irresponsible.’

The committees said it was not simply a case of publishing what has already been prepared.

‘Although the members of both committees have given permission for their data to be released, we have sought further legal advice, which says the committees would also need to go back to all of the individuals whose personal information is contained in the submission and seek further approval from them for publishing their data.

‘Many of those individuals are members of staff to whom we have a duty as an employer. It is an extremely unfair request to make of an employee that they release their internal work emails to the media outside of a formal review process. It could result in comments being reported in the media in isolation and without context. As a responsible employer the States of Guernsey cannot ask that of our staff.’

All employees must have confidence that their employer will respect their privacy, not only to the letter of the law, but also to the extent any employee in any workplace would reasonably expect, the spokesperson said.

‘It is, of course, right that this matter is reviewed and explained in a way that makes the public fully aware of the circumstances. Both P&R and the CfESC are concerned that the lack of progress in the SMC review wrongly gives the impression to the community that there is a resistance to being transparent, as this is not the case.

‘This process must move forward in a professional, proportionate and cost-effective way.’

SMC wants to spend around £150,000 on a tribunal of inquiry into what has happened. This would have the power to compel witnesses and evidence and be freer to publish its findings – this option has already been rejected once by the States.

P&R has now argued against a tribunal because it says that by May Scrutiny could have more powers, which would enable it to overcome many of the problems it has faced.

In July, the Guernsey Press revealed the serious concerns about the level of political interference in the appointment process during April. Any investigation could examine whether there was undue political interference in the appointment procedure, which unfolded with resignation threats from Education president Matt Fallaize after his preferred pick was not chosen by the appointment panel.

The States HR representative was so disgusted with the process she resigned and the successful local candidate pulled out weeks after accepting the job and putting plans in place for it.

Problems with the appointment came to light only after an email from Deputy Fallaize was published by this newspaper. Subsequently, some of those on the appointment panel have also gone public with their concerns.

Nick Mann's Inside Politics 28