Senator Stuart Syvret: Vote of Censure.

STATES OF JERSEY

SENATOR STUART SYVRET: VOTE OF CENSURE

Lodged au Greffe on 29th June 2009

by the Privileges and Procedures Committee

STATES GREFFE

2009   Price code: B  P.107

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to censure Senator Stuart Syvret for the content of his e-mail to H.M. Attorney General dated 10th April 2009 and his e-mail dated 13th April 2009 to the Connétable of Grouville which the Privileges and Procedures Committee has determined breach the Code of Conduct for Elected Members.

PRIVILEGES AND PROCEDURES COMMITTEE

REPORT

The  Privileges  and  Procedures  Committee  has  completed  2 investigations  into complaints made under the Code of Conduct for Elected Members. The first complaint was made by the Chief Minister in respect of an e-mail sent by Senator Syvret to H.M. Attorney General on 10th April 2009 (see Appendix 1). The second complaint was made by the Connétable of Grouville in respect of an e-mail sent by Senator Syvret to him on 13th April 2009 (see Appendix 2).

PPC  invited  Senator  Syvret  to  exercise  his  right  to  address  the  Committee  on 2 separate occasions but he decided not to exercise that right. Senator Syvret raised a number of concerns about the process involved in investigating alleged breaches of the Code of Conduct, but PPC is satisfied that it has followed carefully the process agreed by the States as set out in Standing Orders.

PPC has concluded that parts of both e-mails breach paragraph 5 of the Code of Conduct which states –

5  Maintaining the integrity of the States

Elected members should at all times conduct themselves in a manner which  will  tend  to  maintain  and  strengthen the  public's trust and confidence in the integrity of the States of Jersey and shall endeavour, in the course of their public and private conduct, not to act in a manner which would bring the States, or its Members generally, into disrepute.

Elected members should at all times treat other members of the States, officers, and members of the public with respect and courtesy and without  malice,  notwithstanding  the  disagreements  on  issues  and policy which are a normal part of the political process.

PPC wishes to stress that it is fully satisfied that nothing in the Code of Conduct prevents proper, robust, political debate, argument and disagreement, all of which are, on occasions, very much part of the normal political process. PPC nevertheless feels that it is unacceptable to use the type of gratuitously offensive language found in the e- mail to the Attorney General which has no place in mature political debate. The Committee also considers that the reference to your co-conspirators' in the e-mail to the Connétable of Grouville is unacceptable in the tone and context in which it is used and without substantiation. The Committee is convinced that the public expect higher standards from all members.

PPC has already expressed concern in relation to an earlier breach of the Code of Conduct by Senator Syvret (see R.124/2008) and the 6 members of PPC who have dealt with these complaints are unanimous that the States should be asked on this occasion to censure the Senator to send a clear message that language of the type found in these messages is unacceptable. PPC gives notice that it would not hesitate to bring a vote of suspension in the event of any further breach of this nature.

There are no financial or manpower implications arising from this proposition.

APPENDIX 1

-----Original Message-----

From:  [SENATOR S]

Sent:  10 April 2009 20:03

To:  [HM ATTORNEY GENERAL]

Cc:  [CHIEF CLERK, LAW OFFICERS DEPT]; All States Members

(including ex officio members)

Subject:  The Criminal Action Against Me

Attorney General

I have read the letter sent on your behalf by [THE CHIEF CLERK OF THE LAW OFFICERS' DEPARTMENT.

In considering that the action taken against me was lawful, you appear to be alone from amongst 7 lawyers who have offered advice following examination of the law, and the Data Protection Law.

All have found the actions against me to be, unambiguously, ultra vires.

Many of us have long know you to be a liar and a crook - with a deeply unpleasant streak of crypt-fascism within your faintly deranged personal make- up.

Those facts are simply reinforced by the lies you have peddled in the letter - and the lie by which you have sought to portray yourself as knowing nothing about the raid and illegal search on our home.

To your obvious traits we can also now add a substantial degree of stupidity.

Stupidity for believing that the criminal action taken against me by you and your special friend, [THE DATA PROTECTION COMMISSIONER] - would not immediately be seen for the most dangerous and criminal act it was.

And stupidity for imagining that others are so ignorant and stupid, people would not recognise the baseless implausibility of your attempts to stretch and abuse the law to justify your fascistic actions.

Many of us can only wonder at your self-image. Your internal view of yourself being plainly a cosmic distance from the conniving, oppressive, shallow, ignorant, closet-fascist you plainly are.

APPENDIX 2

From: [SENATOR S]

Sent: 13 April 2009 19:17

To: [CONNETABLE OF GROUVILLE] Subject: Re: Unlawful Raid on Our Home

Constable [OF GROUVILLE]

Whilst some of the questions I ask may have taken a few hours of work to answer - many of the remainder could be answered immediately.

For example - you either knew about the raid - or you didn't. If you didn't, then you could tell me so right now.

You will be subpoenaed.

I suggest you cancel your holiday immediately. After all, your parish Deputy has had her holiday destroyed through the activities of you and you co- conspirators. But, perhaps, you have nothing to hide?

Perhaps your close friend Senator [LE M] obtained his information from some other source - when he said to me during the last States meeting "I know you'll be in jail soon."

If you are innocent of any involvement in this criminal act of oppressive government - I very strongly suggest that you cancel your holiday - as you are presently in the position of being the Connetable who destroyed the position of the Constables in the States.

And in the mean time, I shall have to seek answers to my questions concerning any financial or beneficial relationships between yourself , Senator [LE M] and Mr. [NAME] - by explaining my understanding of your activities on my blog - and asking for readers to submit any knowledge they may have.

In the interim - you may wish to reflect upon the fact that my grandfather fought in WWII against people like you.