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Ensuring officers abide by the Rule of Law

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22.11.22

3 Deputy S.Y. Mézec of H.M. Attorney General regarding ensuring officers abide by

the Rule of Law (OQ.116/2022)

Will H.M. (His Majesty) Attorney General explain what efforts, if any, he takes to ensure that all officers who carry out functions that fall within his office's responsibility abide by the Rule of Law?

Mr. M.H. Temple Q.C., H.M. Attorney General:

All employees within the Law Officers' Department abide by the Rule of Law and will be liable to disciplinary proceedings if they do not, in accordance with the relevant disciplinary procedure. Further, the Law Officers' Department is annually inspected by an independent assessor, Lexcel, which is an accredited organisation. Lexcel's accreditation of the department was renewed last month. Insofar as the Deputy 's question relates to the XY judicial review proceedings, which were the subject of press comment earlier this month, I regret that I cannot comment further as it relates to a live criminal investigation.

3.3.1 Deputy S.Y. Mézec :

The first part of his answer is of course very reassuring, but it is at odds with what is being reported at the moment where there is an apparent admission of a search taking place that was unlawful. How is that position consistent with what he has just said in assuring us that all of his officers consistently abide by the Rule of Law?

The Attorney General:

As I have just said, this relates to a live criminal investigation. It is very important that live criminal investigations are not subject to political interference in the work of law enforcement authorities. I am not going to comment on any disciplinary proceedings either of the police or in my department, and I regret I cannot answer the Deputy 's question any further for the reasons I have just explained.

The Greffier of the States (in the Chair):

Can I just draw attention to Standing Order 10(10), which does say that a question should not refer to a case pending in a court of law in such a way as might prejudice the case. That is for those seeking to ask further supplementaries to be mindful of that Standing Order. No supplementaries, then you do not have a right to a final supplementary.