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Committee of Inquiry: Centenier Malcolm L'Amy.

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STATES OF JERSEY

COMMITTEE OF INQUIRY: CENTENIER MALCOLM L'AMY

Lodged au Greffe on 18th August 2011 by Deputy P.V.F. Le Claire of St. Helier

STATES GREFFE

2011   Price code: A  P.142

PROPOSITION

THE STATES are asked to decide whether they are of opinion

  1. to  agree  that  a  Committee  of  Inquiry  should  be  established  in accordance with Standing Order 146 to inquire into a definite matter of  public  importance,  namely  the  circumstances  surrounding  the dismissal of Mr. Malcolm P. L'Amy as Chef de Police of St. Peter and subsequent events, in order to investigate –
  1. the precise reasons for the dismissal of Mr. L'Amy as Chef de Police by the Connétable of St. Peter ,
  2. whether  the   Connétable  of   St. Peter  attempted  to  exercise undue  influence  over  an  election  of  an  honorary  position within the Parish or with members of the Honorary Police and other parish officials of that parish in relation to appointments to positions of responsibility within the parish,
  3. the role, if any, of the Comité des Connétable s in relation to the issues in (i) and (ii) above,
  4. whether the Connétable of St. Peter attempted to intervene to prevent the swearing in of Mr. L'Amy following his election as a Centenier of the Parish of St. Helier , and
  5. the implications, if any, on the democratic process in Jersey of the  actions  taken  by  the   Connétable  and  the  Comité  des Connétable s in this matter,
  1. to request the Chief Minister to take the necessary steps to select a suitable Chairman and members to undertake the Inquiry and to bring forward to the States for approval the necessary proposition relating to their appointment.

DEPUTY P.V.F. LE CLAIRE OF ST. HELIER

REPORT

It is generally known that Mr. Malcolm L'Amy and a number of Honorary Police officers from St. Peter resigned and attempted to resign from the Honorary Police following a disagreement with the Connétable of St. Peter , Mr. J.M. Refault.

No details of this disagreement were revealed to the public.

Mr. L'Amy applied to become a Centenier in St. Helier subsequently this year, where, because of his years of service and experience, he was gratefully accepted and duly elected at a Parish Assembly. I was present.

It has now come to my attention that the Connétable of St. Peter may have written to the Connétable of St. Helier and Her Majesty's Attorney General in an attempt to stop Mr. L'Amy from taking up a position as a Centenier in St. Helier .

This has now become a St. Helier matter and I have therefore become extremely concerned that such an action from outside of our parish may have taken place.

I have met with Mr. L'Amy who has explained the background in detail to me and who has given me his version of the events which occurred .He has also given me a full briefing of the subsequent events that led up to his resignation.

A public inquiry will be able to establish what prompted the Connétable of St. Peter to release  his  Chef  de  Police  and  whether  that  was  mainly,  as  alleged,  because Mr. L'Amy nominated a person to the Roads Committee at a Parish Assembly without the Connétable of St. Peter 's prior knowledge or approval.

Mr. L'Amy was released of his office of Chef de Police at a meeting soon after this Parish Assembly.

This meeting also included 3 other Centeniers, the Procureur and another individual.

A full audio recording was made of that meeting which, I have been informed, was made with the full consent of those present. I have listened to it several times.

The inquiry will need to consider the contents of this recording if the States agree to this proposal.

It will be open for the inquiry to conclude that this recording is a fair and proper record of that meeting and decide whether the statements made by the Connétable of St. Peter constitute a serious threat to free and fair elections within the parish honorary system, which could even extend to the position of Connétable itself. The inquiry will also be able to conclude whether the Connétable made statements to the effect that he had the full support of the Comité des Connétable s.

This is a very grave matter as the Connétable s have considerable sway and influence within the States.

A public inquiry into this matter to establish all the facts about Mr L'Amy's dismissal as Chef de Police of St. Peter and the actions taken by the Connétable of St. Peter is now necessary.

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P.142/2011

It should not be forgotten that many Connétable s have risen to their positions through the ranks of the honorary system.

This inquiry should be held as quickly as possible and not delayed. Financial and manpower implications

The costs will depend upon the level of officer support required. A Committee of Inquiry normally requires the appointment or secondment of an officer on a part-time basis, and I estimate that the total cost should not exceed £25,000. The Minister for Treasury and Resources is required, under Standing Order 150(c), to give directions on how the above expenses should be funded. Given the gravity of the implications I am certain members would wish to commit to ensuring public confidence in our honorary  system  by  the  support  of  such  funding.  The  honorary  service  provides hundreds of thousands of pounds of savings to this community by dedicated men and women from all walks of life and they all deserve our support.