Stuart Syvret
Encyclopedia
Stuart Syvret is a political activist
in Jersey
. He held elected office as a member of the States of Jersey
assembly from 1990 to 2010. From 1999 to 2007, Svyret had executive responsibilities first as President of the Health and Social Services Committee and, after the 2005 constitutional reforms, as Minister for Health and Social Services in the Council of Ministers
. He was dismissed from ministerial office in September 2007 and returned to the backbenches until he was disqualified from membership of the States
in April 2010 due to his absence from the island. He has been involved in a series of legal proceedings, as a defendant in a criminal prosecution in Jersey and as a claimant in judicial review and civil claims in Jersey and London.
. He obtained City and Guilds Craft and Advanced Craft in carpentry and joinery and went on to become a Member of the Institute of Carpenters. He was a Cabinet maker before entering politics.
He has been described by journalists as "the 'bete noire' of Jersey politics", a "self-taught intellectual", an "agitator", "critical of the finance industry", "one of the island's most outspoken senators" "a rarity, an anti-establishment Jersey politician", "a maverick politician" and having a "ludicrous vision of a corrupt state bent on limitless cover-ups, victimisation and systematic injustice".
in 1990 for a three-year term as Deputy of Saint Helier
District 3&4 as a member of the Jersey Green Party.
, coming second in the poll for six vacant seats with 14,388 votes. He was re-elected in 1999
, coming top of poll with 15,212 votes, and in 2005 (again top of poll for six vacant seats with 15,131 votes).
In accordance with the States of Jersey Law 2005, Syvret was disqualified from his senatorial seat in April 2010 due to 6 months' absence from the island. He had gone to live in London during his trial in Jersey for data protection and motoring offences.
He was a candidate for senator in the October 2011
elections. He failed to be elected, finishing seventh out of 13 candidates for four vacant seats with 6,402 votes.
Syvret voiced concerns over nuclear power production in France. He clashed with local trade unions when he campaigned against the renewal of a lease to Shell
for its aviation fuel depot at Jersey airport, in protest over the company's activities in Nigeria.
Svyret opposed proposals for the Limited Liability Partnerships (Jersey) Law 1997, which was sponsored by two UK accountants firms. During the debate, Syvret stated "Senator Jeune has, in his capacity as President of the Policy and Resources Committee, used his influence to speed up the Law Drafting process and get this matter brought through. He has spoken on this matter in the House and at Committee meetings, even though he has a financial interest in this matter". Reginal Jeune, a retired founding partner in one of Jersey's largest law firms Mourant, du Feu & Jeune
, denied any impropriety: he did not know that the law firm was acting for Price Waterhouse and his position in the firm was an honorary one. The Bailiff Sir Philip Bailhache
, as presiding officer of the States assembly, subsequently wrote to Syvret, referring to the standing order which stated "No Member shall impute improper motives to any other Member", saying "you have not provided me with any evidence to justify those imputations", inviting Syvret to discuss the matter, and giving notice that matter would be put to the States assembly after the summer recess. At the States assembly on 3 September 1996, Syvret refused to withdraw the allegations. Members voted by 36 to 3 (with 4 abstentions) in favour of the proposition "That Mr. Syvret be suspended from the service of the States until he has withdrawn, by notice in writing to the Greffier
, his imputations of improper motives against Senator Jeune". In an interview shortly afterwards, Syvret told The Observer
, "I was not allowed to defend myself. This is like something out of George Orwell's 1984.... I was not allowed to defend myself, to speak on my behalf". UK MP
Austin Mitchell
described the States of Jersey's conduct in the matter as that of a "legislature for hire" and he sponsored an Early Day Motion in the UK Parliament
critical of Syvret's suspension. The States of Jersey subsequently agreed to set up a committee of inquiry into procedural matters relating to the drafting of the legislation. On 4 March 1997, Svyret returned to address the States assembly: he claimed not to be alleging improper motives against Senator Jeune, but continued to refuse to withdraw the critical comments; Syret left the States meeting and the States then resolved to censure him but to lift his suspension. In April 1998, Michael Beloff
QC, sitting as a Commissioner of the Royal Court, struck out legal proceedings brought by Syvret challenging the legality of his suspension from the States
assembly on the ground that the court had no jurisdiction over the legislature's internal procedures.
that existed at that time.
With the start of a new system of ministerial government in December 2005, Syvret was one of two candidates for the post of Chief Minister
, along with Senator Frank Walker
. In a secret ballot on 5 December 2005, the States' assembly
elected Walker to be the first Chief Minister in Jersey history by 38 votes to Syvret's 14.
Syvret was, however, elected as Minister for Health and Social Services in the Council of Ministers
. He was immediately faced with trying to resolve "a bitter dispute between nurses and health service management". In 2006, he proposed legislation to ban smoking in eating places and subsequently a ban on smoking in all enclosed workplaces. He opposed a policy for a new private hospital in St Helier. He was criticized by the Health and Social Services scrutiny panel for pressing ahead with plans to close two hospital wards and transfer patients to private care homes before the panel had completed its inquiry. He subsequently described the scrutiny report "a waste of time and money".
In October 2006, Syvret openly clashed with ministerial colleagues in a debate about whether to exempt food, medicine and other household necessities from the new General Sales Tax. In December 2006, he was reported to be disillusioned and considering stepping down from politics. Relations with ministerial colleagues continued to deteriorate: in February 2007, the Chief Minister
called an emergency meeting of the full Council of Ministers
to discuss an open letter Syvret had sent to a property developer who had proposed a private hospital in Jersey, in which Svyret had been been critical of a many aspects of government policy. The 3,000-word letter, which dealt with "environmental, taxation and social policies and the relationship between government and business", had initially been submitted to the Jersey Evening Post
(JEP) for publication "but rejected because editorially unacceptable conditions were attached"– though Syvret's letter was published in full by the JEP on 6 February 2007. On 8 February 2007, Walker and Syvret issued a joint statement that Syvret would be remaining a minister. The States Privileges and Procedure Committee commenced out an inquiry into whether Syvret had breached the code of conduct, prompting complaints about the way in which it was handling the case; Syvret walked out of the committee's private hearing, arguing that the proceedings were a breach of his human rights. On 2 March 2007, the committee cleared Syvret of breaching the members' code but the chairman of the committee instigated a debate in the States of Jersey
assembly to express disapproval of Syvret's actions in relation to the open letter. Members (including Syvret himself) voted 29 to 8 to censure his actions.
In July 2007, returning to the States
assembly after a period of illness, Syvret – answering a question to him in his role as minister – made scathing criticisms of officials in the Children's Service and other agencies for "bitterly failing" vulnerable young people. A week later, the Council of Ministers
announced three investigations into the whether the States were failing to protect children from abuse and neglect.
The following day, Syvret faced calls for his resignation as minister from the chair of the Jersey Child Protection Committee, who alleged that Syvret had breached data protection law relating to a child abuse victim (an allegation Syvret denied). Walker, the Chief Minister
, also told Syvret to resign. In turn, Syvret dismissed the chair of the Jersey Child Protection Committee. In August 2007, Syvret's assistant minister resigned and relations between Syvret and senior officials were reported as being "at breaking point". Svyret wrote to 2,500 staff telling them they could "blow the whistle" on management anonymously. On 22 August, the Data Protection Commissioner determined that Syvret had broken data protection law by releasing "personal and highly sensitive information about a child who has been subjected to sexual abuse", a finding that Syvret rejected. The following day, the Council of Ministers
announced that a former director of Devon County Social Services had been appointed to carry out a "wide ranging" inquiry into childcare and child protection in Jersey, which Syvret dismissed as having "absolutely no chance whatsoever of truly digging out and exposing all this issues".
On 12 September 2007, the States
assembly held a six-hour debate on Chief Minister
Frank Walker's proposition to dismiss Syvret from ministerial office, which Walker said was prompted solely by Syvret's "reprehensible behaviour in recent weeks". Members voted in favour of Syvret's dismissal by 35 to 15.
in the States
assembly. On 5 December 2007, as "Father of the House
", Syvret was called on to make what is usually a short and uncontroversial speech to mark the last sitting of the assembly before Christmas; instead Syvret made an emotional attack on Chief Minister
Frank Walker and other politicians for being, Syvret claimed, complicit in covering up "decades of child abuse".
. Material published on the blog prompted an investigation commissioned by the States of Jersey Employment Board following complaints from civil servants that they were harassed. The report by Christopher Chapman found that Syvret had harassed States employees and that the Employment Board had not done enough to defend staff.
Other material posted on the blog by Syvret was to lead to his prosecution for breaches of data protection laws over his naming of "Nurse M" (see below).
investigation
into historic child abuse began to be widely reported in the news media around the world. Syvret and others called on the UK Home Secretary
Jack Straw
to appoint English prosecutors and judges to deal with what Syvret called "the child protection crisis". Syvret himself was criticized for declining assistance from a former head of New Scotland Yard's paedophile unit during his tenure as health minister. In May 2008, Syvret made a formal complaint to the police claiming that senior civil servants had perverted the course of justice by covering up abuse of children in care homes.
During 2008, an independent report by Alan Williamson commissioned by the States in response to Syvret's claims concluded that no children in care in Jersey were currently at risk, while a review by the Howard League for Penal Reform
was critical of the regime that had operated at Greenfields, one of the island's children's homes, during Syvret's time as minister.
in relation to the Waterfront (a major development in St Helier) – it was defeated by 41 votes to eight.
began preparations to seek judicial review in London of what they saw as Jack Straw
's failure to ensure that Jersey's authorities protected child abuse victims. In March 2009, the Administrative Court refused permission for the case to proceed to a full hearing. Syvret subsequently complained that the hearing was a "farrago", the two judges (Lord Justice Richards
and Mr Justice Tugendhat
)–who he described as "Allies of the Jersey oligarchy" – were biased and that the High Court hearing was "absurdly short", resulting in "a clear breach of British jurisprudence and of Article 6 of the ECHR".
were reviewing an earlier investigation into allegations that a nurse had killed many patients at Jersey's General Hospital, following claims made by Syvret on his blog. The blog article, the Jersey Court of Appeal later explained
criticized police tactics, as did MPs in the UK Parliament
. An emergency sitting of the States
assembly was called – though the assembly subsequently voted against a proposition critical of the police's actions. Svyret's lawyer complained that data protection laws were being used to restrict his freedom of expression, contrary to human rights. In 2011, the police conceded that the arrest could have been handled better.
The proceedings were to turn out to be lengthy involving: 20 separate hearings in the Magistrate's Court lasting 35 days in total, nine hearings in the Royal Court lasting 15 days, and three days in the Jersey Court of Appeal. Syvret represented himself throughout the case, declining to accept the services of an experienced advocate assigned to him under the island's legal aid scheme.
The data protection charge was brought under Article 55 of the Data Protection (Jersey) Law 2005, which creates the offence of disclosing personal data but permits disclosure where it is "necessary for the purposing preventing crime" or is "justified as being in the public interest". During the lengthy proceedings, Sir Christopher Pitcher sitting as a Commissioner of the Royal Court explained the legal issues at stake: Syvret was, the Commissioner said,
Throughout the proceedings, Syvret claimed that identifying "Nurse M" was justified in the public interest "to get the authorities moving in relation to minimising the risk that Nurse M presents" and "to alert the Jersey public to the risk" Nurse M presented (in particular to avoid his being employed as a nurse in a private care home). These public interest justifications were rejected in the Magistrate's Court and, on appeal, by the Royal Court.
At the outset of the proceedings, Syvret made an application to the Royal Court in August 2009, arguing that the Assistant Magistrate was biased against him, as was the Commissioner of the Royal Court hearing that application: Sir Richard Tucker rejected these submissions and ordered him to pay costs. When the case resumed in the Magistrate's Court, Syvret sought to call the Attorney General, several senior civil servants, the suspended police chief Graham Power and other police officers, and Deputy Carolyn Labey (his former partner) as witnesses.
On 4 September 2010, Syvret appealed to the Jersey Court of Appeal against the Royal Court's ruling in August 2009. Miss Clare Montgomery
QC, sitting as Court of Appeal judge, refused leave to appeal, holding that "the Commissioner was right not to recuse himself".
On 27 September 2010 Syvret applied to the Royal Court for judicial review of the continuing prosecution; the application was refused. (An appeal against this decision was refused in July 2011).
QC, Clare Montgomery
QC and Christopher Nugee QC) was dismissed.
Syvret indicated that he was now prepared to accept community service and was sentenced to 80 hours for contempt of the Magistrate's Court. The fine was reduced to £1,400 and legal costs to £5,000. However by early November 2011, Syvret had not carried out any of the community service sentence, and on 2 November 2011 he was re-sentenced by the Magistrate to eight weeks in prison. He has said that he will appeal again.
assembly that prosecution legal costs were £384,000. Syvret has stated that he intends to take his case to the European Court of Human Rights
.
, the States Employment Board and the Attorney General of Jersey. He sought damages for harm suffered as a result of his dismissal as a minister in 2007 which he argued left him to "shoulder and carry the burden - virtually single-handedly, of investigating many examples of child protection failure and concealed child abuse". Jonathan Sumption
, sitting as a Commissioner of the Royal Court, struck out his case.
reported that Syvret had accused the Tax Justice Network
of blackmailing him, an accusation strongly denied. Senator Syvret complained to the police, but subsequently stated the matter was not worth pursuing.
Activism
Activism consists of intentional efforts to bring about social, political, economic, or environmental change. Activism can take a wide range of forms from writing letters to newspapers or politicians, political campaigning, economic activism such as boycotts or preferentially patronizing...
in Jersey
Jersey
Jersey, officially the Bailiwick of Jersey is a British Crown Dependency off the coast of Normandy, France. As well as the island of Jersey itself, the bailiwick includes two groups of small islands that are no longer permanently inhabited, the Minquiers and Écréhous, and the Pierres de Lecq and...
. He held elected office as a member of the States of Jersey
States of Jersey
The States of Jersey is the parliament and government of Jersey.The Assembly of the States of Jersey has exercised legislative powers since 1771, when law-making power was transferred from the Royal Court of Jersey....
assembly from 1990 to 2010. From 1999 to 2007, Svyret had executive responsibilities first as President of the Health and Social Services Committee and, after the 2005 constitutional reforms, as Minister for Health and Social Services in the Council of Ministers
Council of Ministers of Jersey
The Council of Ministers is the collective institution of executive government in Jersey. The Council co-ordinates policies and administration, especially policy affecting two or more ministers, prioritises executive and legislative proposals, and presents a "Strategic Plan for Jersey" for approval...
. He was dismissed from ministerial office in September 2007 and returned to the backbenches until he was disqualified from membership of the States
States of Jersey
The States of Jersey is the parliament and government of Jersey.The Assembly of the States of Jersey has exercised legislative powers since 1771, when law-making power was transferred from the Royal Court of Jersey....
in April 2010 due to his absence from the island. He has been involved in a series of legal proceedings, as a defendant in a criminal prosecution in Jersey and as a claimant in judicial review and civil claims in Jersey and London.
Biography
Stuart Syvret was born in Jersey and educated at Halkett Place School, St Helier Boys School and Highlands CollegeHighlands College, Jersey
Highlands College is a further and higher college in Jersey in the Channel Islands. It has 860 full-time and over 4,000 part-time and adult students. Highlands is a Partner College of the University of Plymouth . The Principal is Professor Eddy Sallis OBE, The Co-Principal is Dr James Job.The...
. He obtained City and Guilds Craft and Advanced Craft in carpentry and joinery and went on to become a Member of the Institute of Carpenters. He was a Cabinet maker before entering politics.
He has been described by journalists as "the 'bete noire' of Jersey politics", a "self-taught intellectual", an "agitator", "critical of the finance industry", "one of the island's most outspoken senators" "a rarity, an anti-establishment Jersey politician", "a maverick politician" and having a "ludicrous vision of a corrupt state bent on limitless cover-ups, victimisation and systematic injustice".
Electoral history
Deputy 1990-1993
Syvret was elected, at his third attempt, to the States of JerseyStates of Jersey
The States of Jersey is the parliament and government of Jersey.The Assembly of the States of Jersey has exercised legislative powers since 1771, when law-making power was transferred from the Royal Court of Jersey....
in 1990 for a three-year term as Deputy of Saint Helier
Saint Helier
Saint Helier is one of the twelve parishes of Jersey, the largest of the Channel Islands in the English Channel. St. Helier has a population of about 28,000, roughly 31.2% of the total population of Jersey, and is the capital of the Island . The urban area of the parish of St...
District 3&4 as a member of the Jersey Green Party.
Senator 1993-2010
Standing as an independent, Syvret was elected for a six-year term as Senator in 1993Jersey general election, 1993
Elections were held in 1993 for both Senators and Deputies to the States of Jersey.-Senator Elections:*Vernon Tomes 16,392 votes*Stuart Syvret 14,388 votes*John Rothwell 9,586 votes*Anne Bailhache 9,020 votes...
, coming second in the poll for six vacant seats with 14,388 votes. He was re-elected in 1999
Jersey general election, 1999
Elections were held in 1999 for both Senators and Deputies to the States of Jersey.-Senator Elections:* Stuart Syvret 15,212* Christopher Lakeman 12,806* Terry Le Sueur10,471* Paul Le Claire 8,287* Jean Le Maistre 7,796...
, coming top of poll with 15,212 votes, and in 2005 (again top of poll for six vacant seats with 15,131 votes).
In accordance with the States of Jersey Law 2005, Syvret was disqualified from his senatorial seat in April 2010 due to 6 months' absence from the island. He had gone to live in London during his trial in Jersey for data protection and motoring offences.
Unsuccessful attempts at re-election
On his return from London in 2010, Syvret unsuccessfully fought a by-election in June 2010. He came second out of a field of nine candidates, polling 3,437 votes.He was a candidate for senator in the October 2011
Jersey general election, 2011
General elections for the States of Jersey will be held in Jersey on 19 October 2011, and for the first time Senators, Deputies and Constables will be elected on a single day in Jersey. This will reduce the number of members of the States of Jersey from 53 to 51...
elections. He failed to be elected, finishing seventh out of 13 candidates for four vacant seats with 6,402 votes.
Early years in the States assembly
During his first nine years as a States member, Syvret held various positions including chairing a committee on Freedom of Information and membership of the House Committee, Establishment Committee, Public Services, Legislation Committee, and Employment and Social Security Committee.Syvret voiced concerns over nuclear power production in France. He clashed with local trade unions when he campaigned against the renewal of a lease to Shell
Royal Dutch Shell
Royal Dutch Shell plc , commonly known as Shell, is a global oil and gas company headquartered in The Hague, Netherlands and with its registered office in London, United Kingdom. It is the fifth-largest company in the world according to a composite measure by Forbes magazine and one of the six...
for its aviation fuel depot at Jersey airport, in protest over the company's activities in Nigeria.
Svyret opposed proposals for the Limited Liability Partnerships (Jersey) Law 1997, which was sponsored by two UK accountants firms. During the debate, Syvret stated "Senator Jeune has, in his capacity as President of the Policy and Resources Committee, used his influence to speed up the Law Drafting process and get this matter brought through. He has spoken on this matter in the House and at Committee meetings, even though he has a financial interest in this matter". Reginal Jeune, a retired founding partner in one of Jersey's largest law firms Mourant, du Feu & Jeune
Mourant Ozannes
Offshore law firms Mourant du Feu & Jeune and Ozannes merged on 1 June 2010 to create Mourant Ozannes. The combined firm has approximately 200 fee-earners and 50 partners, making it the world's third largest offshore law firm and the largest in the Channel Islands...
, denied any impropriety: he did not know that the law firm was acting for Price Waterhouse and his position in the firm was an honorary one. The Bailiff Sir Philip Bailhache
Philip Bailhache
Sir Philip Martin Bailhache KBE is a Jersey politician and lawyer. He was elected as a Senator in the States of Jersey in October 2011. He previously held elected office as Deputy of Grouville 1972-1975...
, as presiding officer of the States assembly, subsequently wrote to Syvret, referring to the standing order which stated "No Member shall impute improper motives to any other Member", saying "you have not provided me with any evidence to justify those imputations", inviting Syvret to discuss the matter, and giving notice that matter would be put to the States assembly after the summer recess. At the States assembly on 3 September 1996, Syvret refused to withdraw the allegations. Members voted by 36 to 3 (with 4 abstentions) in favour of the proposition "That Mr. Syvret be suspended from the service of the States until he has withdrawn, by notice in writing to the Greffier
Greffier
In the Channel Islands, the Greffier is the clerk to the legislature or a court. The word Greffier is French in origin. The word Greffe refers to the records kept by the Greffier or the department of government under the Greffier's management....
, his imputations of improper motives against Senator Jeune". In an interview shortly afterwards, Syvret told The Observer
The Observer
The Observer is a British newspaper, published on Sundays. In the same place on the political spectrum as its daily sister paper The Guardian, which acquired it in 1993, it takes a liberal or social democratic line on most issues. It is the world's oldest Sunday newspaper.-Origins:The first issue,...
, "I was not allowed to defend myself. This is like something out of George Orwell's 1984.... I was not allowed to defend myself, to speak on my behalf". UK MP
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
Austin Mitchell
Austin Mitchell
Austin Vernon Mitchell is a British Labour Party politician who has been the Member of Parliament for Great Grimsby since a 1977 by-election.-Education and early life:...
described the States of Jersey's conduct in the matter as that of a "legislature for hire" and he sponsored an Early Day Motion in the UK Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
critical of Syvret's suspension. The States of Jersey subsequently agreed to set up a committee of inquiry into procedural matters relating to the drafting of the legislation. On 4 March 1997, Svyret returned to address the States assembly: he claimed not to be alleging improper motives against Senator Jeune, but continued to refuse to withdraw the critical comments; Syret left the States meeting and the States then resolved to censure him but to lift his suspension. In April 1998, Michael Beloff
Michael Beloff
The Honourable Michael Jacob Beloff QC is a prominent English barrister. His adoption of the title or style "The Honourable" is a consequence of his father Max Beloff, Baron Beloff, having been awarded a life peerage in 1981...
QC, sitting as a Commissioner of the Royal Court, struck out legal proceedings brought by Syvret challenging the legality of his suspension from the States
States of Jersey
The States of Jersey is the parliament and government of Jersey.The Assembly of the States of Jersey has exercised legislative powers since 1771, when law-making power was transferred from the Royal Court of Jersey....
assembly on the ground that the court had no jurisdiction over the legislature's internal procedures.
Committee president and Minister for Health and Social Services
From 1999 to 2005, Syvret was President of the Health and Social Services Committee in the committee-based system of administrationPolitics of Jersey
Politics of the Bailiwick of Jersey takes place in a framework of a parliamentary representative democratic constitution.As one of the Crown Dependencies, Jersey is autonomous and self-governing, with its own independent legal, administrative and fiscal systems.The legislature is the Assembly of...
that existed at that time.
With the start of a new system of ministerial government in December 2005, Syvret was one of two candidates for the post of Chief Minister
Chief Minister of Jersey
The Chief Minister of Jersey is the head of government of Jersey. The head of government is not directly elected by the people but rather by the legislature ....
, along with Senator Frank Walker
Frank Walker (Jersey politician)
Frank Harrison Walker OBE was the first Chief Minister of Jersey, 2005-2008.-Career outside politics:In 1973 Walker became managing director of the Jersey Evening Post . He later took over chairmanship of the Guiton Group, owners of both the Jersey Evening Post and Guernsey Evening Press...
. In a secret ballot on 5 December 2005, the States' assembly
States of Jersey
The States of Jersey is the parliament and government of Jersey.The Assembly of the States of Jersey has exercised legislative powers since 1771, when law-making power was transferred from the Royal Court of Jersey....
elected Walker to be the first Chief Minister in Jersey history by 38 votes to Syvret's 14.
Syvret was, however, elected as Minister for Health and Social Services in the Council of Ministers
Council of Ministers of Jersey
The Council of Ministers is the collective institution of executive government in Jersey. The Council co-ordinates policies and administration, especially policy affecting two or more ministers, prioritises executive and legislative proposals, and presents a "Strategic Plan for Jersey" for approval...
. He was immediately faced with trying to resolve "a bitter dispute between nurses and health service management". In 2006, he proposed legislation to ban smoking in eating places and subsequently a ban on smoking in all enclosed workplaces. He opposed a policy for a new private hospital in St Helier. He was criticized by the Health and Social Services scrutiny panel for pressing ahead with plans to close two hospital wards and transfer patients to private care homes before the panel had completed its inquiry. He subsequently described the scrutiny report "a waste of time and money".
In October 2006, Syvret openly clashed with ministerial colleagues in a debate about whether to exempt food, medicine and other household necessities from the new General Sales Tax. In December 2006, he was reported to be disillusioned and considering stepping down from politics. Relations with ministerial colleagues continued to deteriorate: in February 2007, the Chief Minister
Chief Minister of Jersey
The Chief Minister of Jersey is the head of government of Jersey. The head of government is not directly elected by the people but rather by the legislature ....
called an emergency meeting of the full Council of Ministers
Council of Ministers of Jersey
The Council of Ministers is the collective institution of executive government in Jersey. The Council co-ordinates policies and administration, especially policy affecting two or more ministers, prioritises executive and legislative proposals, and presents a "Strategic Plan for Jersey" for approval...
to discuss an open letter Syvret had sent to a property developer who had proposed a private hospital in Jersey, in which Svyret had been been critical of a many aspects of government policy. The 3,000-word letter, which dealt with "environmental, taxation and social policies and the relationship between government and business", had initially been submitted to the Jersey Evening Post
Jersey Evening Post
The Jersey Evening Post is a regional newspaper published six days a week in the Bailiwick of Jersey. It was printed in broadsheet format for 87 years, though it is now of compact size. Its motto is: "At the heart of island life".-History:The Evening Post was founded in 1890 by H.P...
(JEP) for publication "but rejected because editorially unacceptable conditions were attached"– though Syvret's letter was published in full by the JEP on 6 February 2007. On 8 February 2007, Walker and Syvret issued a joint statement that Syvret would be remaining a minister. The States Privileges and Procedure Committee commenced out an inquiry into whether Syvret had breached the code of conduct, prompting complaints about the way in which it was handling the case; Syvret walked out of the committee's private hearing, arguing that the proceedings were a breach of his human rights. On 2 March 2007, the committee cleared Syvret of breaching the members' code but the chairman of the committee instigated a debate in the States of Jersey
States of Jersey
The States of Jersey is the parliament and government of Jersey.The Assembly of the States of Jersey has exercised legislative powers since 1771, when law-making power was transferred from the Royal Court of Jersey....
assembly to express disapproval of Syvret's actions in relation to the open letter. Members (including Syvret himself) voted 29 to 8 to censure his actions.
In July 2007, returning to the States
States of Jersey
The States of Jersey is the parliament and government of Jersey.The Assembly of the States of Jersey has exercised legislative powers since 1771, when law-making power was transferred from the Royal Court of Jersey....
assembly after a period of illness, Syvret – answering a question to him in his role as minister – made scathing criticisms of officials in the Children's Service and other agencies for "bitterly failing" vulnerable young people. A week later, the Council of Ministers
Council of Ministers of Jersey
The Council of Ministers is the collective institution of executive government in Jersey. The Council co-ordinates policies and administration, especially policy affecting two or more ministers, prioritises executive and legislative proposals, and presents a "Strategic Plan for Jersey" for approval...
announced three investigations into the whether the States were failing to protect children from abuse and neglect.
The following day, Syvret faced calls for his resignation as minister from the chair of the Jersey Child Protection Committee, who alleged that Syvret had breached data protection law relating to a child abuse victim (an allegation Syvret denied). Walker, the Chief Minister
Chief Minister of Jersey
The Chief Minister of Jersey is the head of government of Jersey. The head of government is not directly elected by the people but rather by the legislature ....
, also told Syvret to resign. In turn, Syvret dismissed the chair of the Jersey Child Protection Committee. In August 2007, Syvret's assistant minister resigned and relations between Syvret and senior officials were reported as being "at breaking point". Svyret wrote to 2,500 staff telling them they could "blow the whistle" on management anonymously. On 22 August, the Data Protection Commissioner determined that Syvret had broken data protection law by releasing "personal and highly sensitive information about a child who has been subjected to sexual abuse", a finding that Syvret rejected. The following day, the Council of Ministers
Council of Ministers of Jersey
The Council of Ministers is the collective institution of executive government in Jersey. The Council co-ordinates policies and administration, especially policy affecting two or more ministers, prioritises executive and legislative proposals, and presents a "Strategic Plan for Jersey" for approval...
announced that a former director of Devon County Social Services had been appointed to carry out a "wide ranging" inquiry into childcare and child protection in Jersey, which Syvret dismissed as having "absolutely no chance whatsoever of truly digging out and exposing all this issues".
On 12 September 2007, the States
States of Jersey
The States of Jersey is the parliament and government of Jersey.The Assembly of the States of Jersey has exercised legislative powers since 1771, when law-making power was transferred from the Royal Court of Jersey....
assembly held a six-hour debate on Chief Minister
Chief Minister of Jersey
The Chief Minister of Jersey is the head of government of Jersey. The head of government is not directly elected by the people but rather by the legislature ....
Frank Walker's proposition to dismiss Syvret from ministerial office, which Walker said was prompted solely by Syvret's "reprehensible behaviour in recent weeks". Members voted in favour of Syvret's dismissal by 35 to 15.
Return to the backbenches
From September 2007 to April 2010, Syvret was a backbencherBackbencher
In Westminster parliamentary systems, a backbencher is a Member of Parliament or a legislator who does not hold governmental office and is not a Front Bench spokesperson in the Opposition...
in the States
States of Jersey
The States of Jersey is the parliament and government of Jersey.The Assembly of the States of Jersey has exercised legislative powers since 1771, when law-making power was transferred from the Royal Court of Jersey....
assembly. On 5 December 2007, as "Father of the House
Father of the House
Father of the House is a term that has by tradition been unofficially bestowed on certain members of some national legislatures, most notably the House of Commons in the United Kingdom. In some legislatures the term refers to the oldest member, but in others it refers the longest-serving member.The...
", Syvret was called on to make what is usually a short and uncontroversial speech to mark the last sitting of the assembly before Christmas; instead Syvret made an emotional attack on Chief Minister
Chief Minister of Jersey
The Chief Minister of Jersey is the head of government of Jersey. The head of government is not directly elected by the people but rather by the legislature ....
Frank Walker and other politicians for being, Syvret claimed, complicit in covering up "decades of child abuse".
Svyret's blog
On 22 January 2008, Syvret launched a blogBlog
A blog is a type of website or part of a website supposed to be updated with new content from time to time. Blogs are usually maintained by an individual with regular entries of commentary, descriptions of events, or other material such as graphics or video. Entries are commonly displayed in...
. Material published on the blog prompted an investigation commissioned by the States of Jersey Employment Board following complaints from civil servants that they were harassed. The report by Christopher Chapman found that Syvret had harassed States employees and that the Employment Board had not done enough to defend staff.
Other material posted on the blog by Syvret was to lead to his prosecution for breaches of data protection laws over his naming of "Nurse M" (see below).
Historic child abuse
In February 2008, a States of Jersey PoliceStates of Jersey Police
The States of Jersey Police is the professional police service of Jersey. It was established in its current form by the Police Force Law, 1974 and consists of around 240 officers....
investigation
Jersey child abuse investigation 2008
The Jersey child abuse investigation 2008 is an investigation into historic child abuse in Jersey. It started in the spring of 2007. Formerly, a social worker, Simon Bellwood had made a complaint about a "'Dickensian' system" where children as young as 11 were routinely locked up for 24 hours or...
into historic child abuse began to be widely reported in the news media around the world. Syvret and others called on the UK Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
Jack Straw
Jack Straw
Jack Straw , British politician.Jack Straw may also refer to:* Jack Straw , English* "Jack Straw" , 1971 song by the Grateful Dead* Jack Straw by W...
to appoint English prosecutors and judges to deal with what Syvret called "the child protection crisis". Syvret himself was criticized for declining assistance from a former head of New Scotland Yard's paedophile unit during his tenure as health minister. In May 2008, Syvret made a formal complaint to the police claiming that senior civil servants had perverted the course of justice by covering up abuse of children in care homes.
During 2008, an independent report by Alan Williamson commissioned by the States in response to Syvret's claims concluded that no children in care in Jersey were currently at risk, while a review by the Howard League for Penal Reform
Howard League for Penal Reform
The Howard League for Penal Reform is a London-based registered charity in the United Kingdom. It is the oldest penal reform organisation in the world, named after John Howard. Founded in 1866 as the Howard Association, a merger with the Penal Reform League in 1921 created the Howard League for...
was critical of the regime that had operated at Greenfields, one of the island's children's homes, during Syvret's time as minister.
St Helier Waterfront development
In June 2008 Syvret brought a vote of no confidence against the Council of MinistersCouncil of Ministers of Jersey
The Council of Ministers is the collective institution of executive government in Jersey. The Council co-ordinates policies and administration, especially policy affecting two or more ministers, prioritises executive and legislative proposals, and presents a "Strategic Plan for Jersey" for approval...
in relation to the Waterfront (a major development in St Helier) – it was defeated by 41 votes to eight.
Judicial review in London
In July 2008, Syvret and UK Liberal Democrat MP John HemmingJohn Hemming (politician)
John Alexander Melvin Hemming is a British politician, the Member of Parliament for Birmingham Yardley and Group Chair of the Liberal Democrats on the city council of Birmingham, England....
began preparations to seek judicial review in London of what they saw as Jack Straw
Jack Straw
Jack Straw , British politician.Jack Straw may also refer to:* Jack Straw , English* "Jack Straw" , 1971 song by the Grateful Dead* Jack Straw by W...
's failure to ensure that Jersey's authorities protected child abuse victims. In March 2009, the Administrative Court refused permission for the case to proceed to a full hearing. Syvret subsequently complained that the hearing was a "farrago", the two judges (Lord Justice Richards
Stephen Richards (judge)
Sir Stephen Price Richards is a Lord Justice of Appeal.- Biography :Stephen Price Richards was born in Wales on 8 December 1950.He was educated at King's College School and St John's College, Oxford ....
and Mr Justice Tugendhat
Michael Tugendhat
Sir Michael George Tugendhat , styled The Hon. Mr Justice Tugendhat, in legal writing Tugendhat J, is a High Court judge in England and Wales. He is the UK's senior media judge, taking over that role from Justice Eady on 1 October 2010...
)–who he described as "Allies of the Jersey oligarchy" – were biased and that the High Court hearing was "absurdly short", resulting in "a clear breach of British jurisprudence and of Article 6 of the ECHR".
Robust dealings with States members
Syvret's robust dealings with fellow States members continued in August 2008, when he compared a Jewish senator to a Nazi war criminal in an argument about General Sales Tax. Syvret was at the receiving end of barbed comments in March 2009, when Senator Jim Perchard, the Health Minister, told Svyret to consider committing suicide – a comment that led to Perchard's resignation.Publication of police report
In March 2009, it was reported that the States of Jersey PoliceStates of Jersey Police
The States of Jersey Police is the professional police service of Jersey. It was established in its current form by the Police Force Law, 1974 and consists of around 240 officers....
were reviewing an earlier investigation into allegations that a nurse had killed many patients at Jersey's General Hospital, following claims made by Syvret on his blog. The blog article, the Jersey Court of Appeal later explained
Syvret arrested
On 6 April 2009, ten police officers went to Syvret's home, where they arrested him and carried out an extensive search of the property. Syvret was held in custody for seven hours and questioned about alleged breaches of data protection law in relation to his naming of "Nurse M". The Jersey Evening PostJersey Evening Post
The Jersey Evening Post is a regional newspaper published six days a week in the Bailiwick of Jersey. It was printed in broadsheet format for 87 years, though it is now of compact size. Its motto is: "At the heart of island life".-History:The Evening Post was founded in 1890 by H.P...
criticized police tactics, as did MPs in the UK Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
. An emergency sitting of the States
States of Jersey
The States of Jersey is the parliament and government of Jersey.The Assembly of the States of Jersey has exercised legislative powers since 1771, when law-making power was transferred from the Royal Court of Jersey....
assembly was called – though the assembly subsequently voted against a proposition critical of the police's actions. Svyret's lawyer complained that data protection laws were being used to restrict his freedom of expression, contrary to human rights. In 2011, the police conceded that the arrest could have been handled better.
Syvret prosecuted for data protection and motoring offences
On 18 June 2009, Syvret appeared before at the Magistrate's Court charged with driving without a valid licence between September 2006 and April 2008. On 9 July 2009, Syvret was charged with breaches of data protection laws relating to his blog article about "Nurse M". Syvret pleaded not guilty and argued that his prosecution was an abuse of process and the charges should be struck out.The proceedings were to turn out to be lengthy involving: 20 separate hearings in the Magistrate's Court lasting 35 days in total, nine hearings in the Royal Court lasting 15 days, and three days in the Jersey Court of Appeal. Syvret represented himself throughout the case, declining to accept the services of an experienced advocate assigned to him under the island's legal aid scheme.
The data protection charge was brought under Article 55 of the Data Protection (Jersey) Law 2005, which creates the offence of disclosing personal data but permits disclosure where it is "necessary for the purposing preventing crime" or is "justified as being in the public interest". During the lengthy proceedings, Sir Christopher Pitcher sitting as a Commissioner of the Royal Court explained the legal issues at stake: Syvret was, the Commissioner said,
Throughout the proceedings, Syvret claimed that identifying "Nurse M" was justified in the public interest "to get the authorities moving in relation to minimising the risk that Nurse M presents" and "to alert the Jersey public to the risk" Nurse M presented (in particular to avoid his being employed as a nurse in a private care home). These public interest justifications were rejected in the Magistrate's Court and, on appeal, by the Royal Court.
At the outset of the proceedings, Syvret made an application to the Royal Court in August 2009, arguing that the Assistant Magistrate was biased against him, as was the Commissioner of the Royal Court hearing that application: Sir Richard Tucker rejected these submissions and ordered him to pay costs. When the case resumed in the Magistrate's Court, Syvret sought to call the Attorney General, several senior civil servants, the suspended police chief Graham Power and other police officers, and Deputy Carolyn Labey (his former partner) as witnesses.
Syvret leaves Jersey for six months
On 12 October 2009, Syvret walked out of the Magistrate's Court and was warned that he could be arrested if he failed to attend future hearings. Syvret's arrest was ordered on 23 October 2009 when he failed to attend court for the second time that week, having traveled to London where he said he was claiming "legal asylum". He returned to Jersey more than six months later on 4 May 2010 and was arrested and bailed.Trial resumes in May 2010
When the case resumed in the Magistrate's Court in August 2010, Syvret told the court that he was suffering from clinical depression and sought an adjournment of the proceedings.On 4 September 2010, Syvret appealed to the Jersey Court of Appeal against the Royal Court's ruling in August 2009. Miss Clare Montgomery
Clare Montgomery
Clare Montgomery, QC is an English barrister at Matrix Chambers, Recorder in the Crown Court, Deputy High Court of Justice Judge and sits on the Court of Appeal Jersey and Guernsey.-Early life and education:LLB University of London...
QC, sitting as Court of Appeal judge, refused leave to appeal, holding that "the Commissioner was right not to recuse himself".
On 27 September 2010 Syvret applied to the Royal Court for judicial review of the continuing prosecution; the application was refused. (An appeal against this decision was refused in July 2011).
Syvret convicted
On 14 October 2010, Syvret was convicted by the Magistrate's Court of the motoring offences, when the Assistant Magistrate criticized the police as overreacting in the way they arrested Syvret. On 17 November 2010, the court found Syvret guilty of the data protection offences and guilty of contempt of court on account of his non-attendance and words of disrespect. Syvret refused the option of community service and was jailed for ten weeks, fined £4,200 and ordered to pay £10,000 in legal costs. He was granted bail by the Royal Court the following day, pending an appeal. On 17 June 2011, Syvret made a further claim for judicial review to the Royal Court relating to the prosecution. The application was refused by Commissioner Pitchers and an appeal to the Jersey Court of Appeal (consisting of Michael BeloffMichael Beloff
The Honourable Michael Jacob Beloff QC is a prominent English barrister. His adoption of the title or style "The Honourable" is a consequence of his father Max Beloff, Baron Beloff, having been awarded a life peerage in 1981...
QC, Clare Montgomery
Clare Montgomery
Clare Montgomery, QC is an English barrister at Matrix Chambers, Recorder in the Crown Court, Deputy High Court of Justice Judge and sits on the Court of Appeal Jersey and Guernsey.-Early life and education:LLB University of London...
QC and Christopher Nugee QC) was dismissed.
Syvret's appeal results in reduced sentences
Syvret's appeal against conviction to the Royal Court, Commissioner Sir Christopher Pitchers presiding, started on 1 August 2011. Syvret maintained that he was protecting the public by naming "Nurse M" on his blog and argued that the motive of the police in searching his home when he was arrested was to find evidence to discredit former police chief Graham Power and former deputy police chief Lenny Harper. The Royal Court repeated criticisms of the police actions in raiding Syvrets' home, arresting him and keeping him in custody. The court also held that in the Magistrate's Court the prosecution "lead some evidence which went further than was necessary in supporting the robustness of the 1999 enquiry" but found that the Assistant Magistrate's conclusions had not been influenced by this. The court rejected Syvret's submissions that disclosure of the nurses' names was justified as being in the public interest. The court added that "The public interest is served by measured, responsible and accurate reporting. The way that the appellant dealt with the information that he had was none of these". The court dismissed Syvret's appeal on the data protection offences but allowed his appeal in relation to two counts of contempt of court.Syvret indicated that he was now prepared to accept community service and was sentenced to 80 hours for contempt of the Magistrate's Court. The fine was reduced to £1,400 and legal costs to £5,000. However by early November 2011, Syvret had not carried out any of the community service sentence, and on 2 November 2011 he was re-sentenced by the Magistrate to eight weeks in prison. He has said that he will appeal again.
Reaction to conviction
The Jersey Data Protection Commissioner described the conviction as "an historic landmark in the international world of data protection, as it is the first of its kind relating to the publication of personal data via an internet blog". In September 2011, in response to a question, the Attorney General told the StatesStates of Jersey
The States of Jersey is the parliament and government of Jersey.The Assembly of the States of Jersey has exercised legislative powers since 1771, when law-making power was transferred from the Royal Court of Jersey....
assembly that prosecution legal costs were £384,000. Syvret has stated that he intends to take his case to the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
.
Civil action against the States
In 2010, Syvret commenced a civil action in the Royal Court against the Chief MinisterChief Minister of Jersey
The Chief Minister of Jersey is the head of government of Jersey. The head of government is not directly elected by the people but rather by the legislature ....
, the States Employment Board and the Attorney General of Jersey. He sought damages for harm suffered as a result of his dismissal as a minister in 2007 which he argued left him to "shoulder and carry the burden - virtually single-handedly, of investigating many examples of child protection failure and concealed child abuse". Jonathan Sumption
Jonathan Sumption
Jonathan Philip Chadwick Sumption, OBE, QC is a UK barrister and medieval historian. On 4 May 2011 it was announced that he had been appointed to the United Kingdom Supreme Court, to be sworn in at a date agreed between him and Lord Phillips, President of the Supreme Court.He is known for his...
, sitting as a Commissioner of the Royal Court, struck out his case.
Relations with Tax Justice Network
On 10 April 2007 the Jersey Evening PostJersey Evening Post
The Jersey Evening Post is a regional newspaper published six days a week in the Bailiwick of Jersey. It was printed in broadsheet format for 87 years, though it is now of compact size. Its motto is: "At the heart of island life".-History:The Evening Post was founded in 1890 by H.P...
reported that Syvret had accused the Tax Justice Network
Tax Justice Network
The Tax Justice Network is a coalition of researchers and activists with a shared concern about what they argue are the harmful impacts of tax avoidance, tax competition and tax havens, which "corrupt national tax regimes and onshore regulation, and distort markets by rewarding economic...
of blackmailing him, an accusation strongly denied. Senator Syvret complained to the police, but subsequently stated the matter was not worth pursuing.