Education permit bid may have fallen foul of law
HAVING served the States and people of Guernsey as chief officer of police between 1997 and 2003, I have a continuing affection and respect for the Bailiwick and its people. I no longer reside on the island but still have family and friends in the Bailiwick and try to keep up with local issues.
I have been following with interest and growing concern the story about the controversy surrounding the recent senior Education appointment. This has culminated in the publication in the Guernsey Press of the account of Mrs Singleton and the events surrounding her resignation and her subsequent successful claim against the States for constructive dismissal.
The way that the people involved in this matter have been treated is, of course, very important. Of equal, perhaps of more, importance to the people of Guernsey are the principles of ‘good governance’ and particularly the ‘rule of law’. Section 46 of the Population Management (Guernsey) Law, 2016, creates an offence of making ‘false, deceptive or misleading statements in connection with an application under the law’. This is a serious criminal offence punishable with up to two years’ imprisonment. Apart from the person who signed such a false statement, any person who counselled or procured such a statement or conspired to have it made may also have committed an offence. This offence could be committed by a person or persons on behalf of a private or public sector organisation. In this particular case, Mrs Singleton states that she was asked to make a long-term employment permit application but refused and resigned rather than make an ‘unlawful application’.
I can only presume that someone else was subsequently asked to make an application. They may or may not have committed an offence depending on their knowledge of the appointment. Again, a person or persons who asked them to do this may have committed the predicate offences.
I have carefully used the word ‘may’ throughout this letter as I am basing my comments on the reports on the pages of your newspaper. Your report on the comments of Mrs Singleton and the documents she has produced has persuaded me to comment.
This is a matter that should now be the subject of a criminal investigation to determine if and by whom criminal offences have been committed by any person. Adherence to the rule of law by citizens and the state are a major element of good governance. No one, private citizen or politician, should be above the law or appear to be so.
MIKE WYETH
ADDRESS WITHHELD.