Issue no. 85 - 25th March 2016 - Price 90p THE ONLY MEANINGFUL GIFT FEUDAL LORD MICHAEL BEAUMONT CAN GIVE THE PEOPLE OF SARK: RELINQUISH YOUR POWERS! Under item 11 of the one ruling party parliament’s agenda next week, we learn that unelected feudal lord Michael Beaumont has made a “gift” of a parcel of land suitable for building six ‘local market’ houses. The announcement is made in a report signed by the chairman of the state’s Development Control Committee, namely the feudal lord’s unelected left-hand man and “president” of the Douzaine Edric Baker. The report is accompanied by a letter signed by the feudal lord’s unelected right-hand man and “president” of his parliament Reginald Guille. Both Baker and Guille impress on us that this is a “generous offer” indeed and that the people of Sark are to be deeply grateful to the feudal lord for his magnanimous gesture. It is no such thing. It is instead an empty, meaningless PR exercise in the best tradition of totalitarian leaders throughout history. It is pure propaganda, stagemanaged by Michael Beaumont and his closest one ruling party allies to project the image to the world at large of a benign and caring feudal lord deeply concerned about the welfare of his people. Joseph Goebbels would have been proud of such a masterly touch. The people of Sark, the number of whom are rapidly diminishing due to the ongoing depopulation, don’t need a virtually worthless parcel of land where six houses can be squeezed in. Land and property values on the Island are at an all-time low and an unprecedented number of homes are standing empty, with many masquerading as self-catering accommodation in one of the Sark one ruling party regime’s many deceptions. What the people of Sark need is an economy which can sustain them with secure jobs. What the people of Sark need is land reform which permits them, finally, to aspire to home ownership by the help of raising a mortgage against Island property. What the people of Sark need is the security of law and order; the protection afforded them, their families and their assets by fit-for-purpose, independent and professional law enforcement, border control and an unbiased and independent judiciary able and allowed to deliver justice. What the people of Sark need is the democracy they were promised would materialise all of eight years ago with the introduction of the Reform Law of 2008; the deeply-flawed legislation which instead placed them under the yoke of a totalitarian one ruling party state reminiscent of 1930s’ Germany, led by an unelected feudal lord, his unelected chosen leaders and the unelected one ruling party parliament which they dominate and control. Feudal lord Michael Beaumont is a private individual accountable to no one. As a result of his family purchasing a lease in 1852, he enjoys power and privileges unmatched by any crowned heads or elected leaders across the civilised world. As long as Michael Beaumont exercises this power the people of Sark will not be allowed to develop an economy. They will be denied meaningful land reform. They will be denied protection under the law and their basic human right to a fair trial before an unbiased judge. Most of all, they will continue to be denied their right to a say in their own governance by a feudal lord whose powers enable him to prevent democracy from taking hold. The only meaningful gift Sark’s feudal lord can give his people - and the only truly magnanimous gesture he can make to deserve the gratitude of this Island’s people is to relinquish those powers. The people of this Island will never have the economy, the security, the home ownership and the democracy they need until he does. THE FEUDAL LORD’S POWERS ARE ANACHRONISTIC, ANTIQUATED AND INCOMPATIBLE WITH DEMOCRACY: GIVE THEM UP! POWER to appoint the principal judge for life via POWER to appoint Island/court official the Pré- a committee chaired by and specifically chosen by himself. Later enhanced power also to fire the Seneschal judge figure. vôt. POWER to appoint Island/court official the Gref- fier. POWER to appoint the deputy judge. POWER to appoint Island/court official the depu- ty Prévôt. RIGHT to automatic membership of parliament, over which he presides from a raised dais alongside his chosen “president” and court officials appointed by himself. POWER to appoint Island/court official the depu- ty Greffier. POWER to remove Island / court official the Dep- POWER through his role to act as possible deputy uty Prévôt from office. president of parliament. POWER to remove Island / court official the Dep- POWER to freely appoint his own deputy from uty Greffier from office. amongst Island residents and his own family. RIGHT to give or withhold consent to the removal POWER to revoke the appointment of his own from office of a special constable. deputy. RIGHT ex officio to be a trustee of publicly-owned ENTITLEMENT to vote in elections Sark property, including its management and disposal. POWER to give or withhold consent to the sum- moning by the “president” of extraordinary parliamentary meetings. POWER to sign contracts on behalf of parliament. RIGHT to give or withhold consent to the Chief IMMUNITY from liability for any act carried out Officer of the Guernsey Police to send Guernsey police officers to Sark to investigate crimes. on behalf of parliament. IMMUNITY from legal proceedings for defama- ENTITLEMENT to feudal theft in the form of tion (in common with the rest of the assembly’s members) for statements made during parliamentary meetings. seizing the property and assets of Island residents dying intestate. ENTITLEMENT to feudal theft from the taxpay- RIGHT to speak at parliamentary meetings and ers in the form of the index-regulated stipend - for life for Mr Beaumont and then to his descendants forever in perpetuity. influence/persuade the assembly’s members on any topic and in any way he sees fit. OWNERSHIP of Sark’s foreshore and any public POWER to veto, temporarily, Ordinances made parts of Sark not in private ownership - the whole basis of Sark land law depends on the feudal lease that is personally held by Michael Beaumont. by his parliament. RIGHT to put propositions to parliament. Feudal lord Michael Beaumont, an unelected private individual accountable to no one, is afforded these extensive powers, rights, entitlements, immunities and ownership under Sark’s Reform Laws of 2008 and 2010. Far from being a benign and distant figurehead, he dominates and controls Sark’s political decision-making process, Sark’s judiciary, Sark public property and the Island’s land-holding structure. All because his ancestors obtained the Crown Lease on Sark by foreclosing on an unpaid mortgage back in 1852. To say it is anachronistic, antiquated and incompatible with democracy in any form is the understatement of the century. 2 MORE SHAM REFORMS WHICH ENHANCE THE FEUDAL LORD’S UNACCEPTABLE POWERS INSTEAD OF ABOLISHING THEM The Reform Laws of 2008 and 2010 were a fraud on the people of Sark. Instead of delivering Islanders from 450 years of feudalism, the legislation enabled the Island’s feudal lord to enhance his powers by the creation of his very own one ruling party state, the citizens of which are further than ever away from having a say in their own governance and exercising their right to self-determination. to really understand what they are up to, neither the public at large nor the UK Ministry of Justice. Although you will search in vain for any wholesale removal of the powers of the unelected feudal overlord from Sark’s allegedly democratic constitution, some of the amendments proposed concern the role of the feudal lord. Rank hypocrisy courses through the report as the one ruling party try, yet again, to propose the removal of the Lt. Governor's powers over the budget and yet leave almost all of Michael Beaumont’s powers intact with consolation provisions even for those that are to go. Outside pressure, mainly from the UK Ministry of Justice, which is responsible for the governance of the British Crown Dependency of Sark on an international level, has, however, resulted in further “reforms”. Although lauded as “progress” towards bringing Sark’s governance into line with the standards expected of a Crown Dependency, these “reforms” are invariably meaningless shams, carefully designed to appease the Ministry of Justice whilst ensuring that nothing changes in Sark, least of all the feudal lord’s position of absolute and unassailable power. The London High Court judgment of 9th May 2013 famously found that the Seneschal’s dual role as principal judge and president of Sark’s assembly must be split. It also found that Sark’s principal judge and his deputy should not be in the pay of those involved in the Island’s political decision-making process, namely parliament. Three years later the one ruling party state of Sark is finally acting on the latter finding and from now this supposedly modern democracy is instead going to give control over the salary it pays its resident judiciary to a “Remuneration Panel” appointed by the feudal overlord. At least he doesn't seem to be a member of the panel itself, unlike the “Appointments Committee” for that same resident judiciary, which is selected and chaired by the same feudal overlord - albeit with the oversight of the Lt. Governor, who they are trying to write out of the constitution elsewhere. Sham “reforms” to Sark’s already bloated, cumbersome and unworkable committee structure resulted in Sark now having 30 committees instead of the earlier 18. The one ruling party state has more committees than members of parliament. Sham “reforms” saw the creation of Sark’s ‘Secret Parliament’, a “committee” consisting of all members of parliament, which meets three times as often as the public assembly but behind closed doors and under Chatham House Rules, which means that no one is accountable for anything that is said. All parliamentary business is thus agreed before the meetings open to the public, at which the decisions made behind closed doors are summarily rubber stamped. How Sark’s one ruling party regime can justify this state of affairs is beyond understanding. The fact that the Law Officers allow themselves to be persuaded to go along with it and draft it is unacceptable. Arthur Rolfe’s covering report to the assembly makes no mention and draws no attention to the role of the feudal lord in choosing this “Remuneration Panel” whose members will be “all independent of Chief Pleas” – albeit appointed by a member of Chief Pleas, namely feudal lord Michael Beaumont. So much for independence. So much for the Law Officers. In the on-going effort to appease the Ministry of Justice, more sham “reforms” are on the agenda for next week’s public meeting of the one ruling party parliament. On behalf of our unelected would-be “chief minister” Charles Maitland’s Policy and Performance Committee, on behalf, again, of the ‘Special Secret’ Reform Law (Good Governance) Policy Development Committee, Arthur Rolfe is bringing a mish-mash of half-baked but finely targeted amendments of the Reform (Sark) Law 2008 to the assembly. It's a mishmash because it's impossible to distinguish between what remains merely aspirational and what is actually included in the amendments to the legislation. A very close comparative reading of the draft legislation to the existing legislation is required because no one has provided a track-changed version of the existing law for ease of comprehension. Of course, no one is meant Rather than do the truly democratic thing and remove the feudal lord from Sark’s Reform Law altogether, the loyal members of his one ruling party parliament, aided and abetted by the Guernsey Law Officers, enhance his powers. Why should an unelected private individual answerable to no one be given such privileges? Where is the democracy in that? Do they really need reminding that Michael Beaumont is the de3 scendant of a family which bought Sark as a piece of property. It is absurd and fundamentally antidemocratic to give new privileges to such a figure. overriding principle is that of keeping control over Sark - over every aspect of life in Sark - in the hands of the feudal lord and those closest to him. We then reach the first of the aspirational sections of Rolfe’s report - aspirational in that it has not made its way, yet, into the draft legislation. In the interests, presumably, of “democracy” and Sark's “new” government and constitution, they want to provide that any letter of resignation from the Speaker should not go to the Lt. Governor. Who should it go to instead in the brave new world of democratic Sark? Perhaps the chairman of the Policy and Performance Committee? No. They want to replace the Lt. Governor with the feudal lord. This they call democratic progress. Another section of Arthur Rolfe’s report reveals the one ruling party’s renewed desire to remove the Lt. Governor's powers over the Sark budget. It is disclosed however that the 2014 proposal was referred by the then Lt. Governor to the Ministry of Justice for its views. This appears to have taken the best part of two years to date, so no one should hold their breath. It is, however, quite clear that the Lt. Governor's office opposed this proposal. The Sark Newspaper continues to call for consistency. If the Lt-Governor’s very limited powers are to be removed because they are not democratic then the same principles should be applied across the Reform (Sark) Law 2008 as a whole and the first target for such changes should be the role of the feudal lord. Rather than enhance the role of the feudal lord in the Sark constitution it should be removed altogether. It has no place in a supposedly modern democracy. The hypocrisy of Sark’s one ruling party regime is breath-taking. Rolfe’s report also reveals that with the magnanimous permission of the feudal lord, they are finally to abolish the feudal lord’s power to veto Ordinances passed by a quorate parliament: “the Seigneur and the PDT agreed that, under our current democracy, this power of veto was anachronistic and should be removed”. The “current democracy” is 8 years old. When during that time was the feudal lord’s veto not “anachronistic”? Why didn’t Michael Beaumont insist that it form no part of the 2008 Law? Isn’t it “anachronistic” in itself that the feudal lord’s permission had to be obtained before this “anachronistic” power was abolished? The feudal lord’s power to give or withhold permission before the Guernsey Police can land on Sark is also to be done away with, but the constable must nevertheless “inform the Seigneur” whenever he requests the Chief Officer to send police officers. Why? Why should the feudal lord, an unelected private individual, have the right to be informed over all others on Sark as to the exercise of this power? What if feudal lord or some close family member or friend is suspected of a crime? The potential for conflict of interest and conflict with other legislation is obvious, e.g. tipping off provisions. Then more power is to be handed to Michael Beaumont. At the Easter 2014 meeting of Sark’s one ruling party parliament, he made it patently clear that he intended to give up his role in appointing the Greffier and Prévôt. This was something of a surprise, but then the years passed and nothing more was heard. The draft legislation now before the assembly would have been the time to make good on this change, but it's not there. On the contrary and as part of the pattern of strengthening the feudal lord’s role rather than weakening it, we see amendments permitting the feudal lord to also appoint assistant deputy Greffiers and deputy Prévôts. It is totally inappropriate to replace the requirement for feudal permission with a new requirement of feudal notification, but it is part and parcel with the drift of all this tinkering with the Reform (Sark) Law. There is no justification for this attachment to the feudal office of Seigneur. What we see is the carefully selected members of the feudal lord’s loyal one ruling party parliament doing what they are there for, namely doing the feudal lord’s bidding by reinforcing the anti-democratic, medieval and “anachronistic”. Indeed, as alluded to at the very end of the report, Michael Beaumont wants to see reporting requirements for whenever the Guernsey Police attend Sark, whilst his faithful servants on the ‘Special Secret’ Policing Review Policy Development Committee have ruled out the possibility of professional policing for Sark. It all gives a sinister insight into the controlling mind of Sark’s autocratic feudal lord. This begs the question of why Michael Beaumont thinks it was appropriate two years ago to indicate that he was going to give up his powers of appointment but now is happy not only to keep those powers but also grab more? Perhaps the feudal lord could make one of his statements and explain this to the attending public, the assembly’s members already having been informed behind closed doors. This is another area where appointments require the ultimate approval of the Lt. Governor. Why doesn’t the one ruling party regime go the whole hog and give all these powers absolutely to the feudal lord? There is a total incoherence in this tinkering with the Reform Law. They want to remove the Lt. Governor from some parts of it in the name of “democracy” but not others, all whilst enhancing the role of the feudal lord in other areas. The only consistent logic, the only It all goes to show that Sark is governed by the feudal lord, for a feudal lord who has no intention whatsoever of relinquishing his extensive powers. On the contrary, he wants, and gets, ever more. 4 Our 112th weekly appeal to Michael Beaumont: IT IS YOUR ISLAND; YOUR CONSTITUTION, YOUR JUDICIARY, YOUR JURISDICTION, YOUR ECONOMY, YOUR PEOPLE AND YOUR RESPONSIBILITY, MR BEAUMONT Over a 150 jobs have been lost on Sark and there is unemployment on an unprecedented scale. People are suffering hardship, having difficulties paying the rent and putting food on the table. Some shops and small businesses have simply closed down, others have gone or are going bankrupt. The lives of many families have been devastated and many have already left whilst others are in the process of leaving simply because they have no other choice. The fact that the Island’s population has dropped from 650 in 2008 to only 420 today speaks for itself. Sark is losing its life-blood - its people. The Island’s economy is in a state of collapse and its cash reserves depleted whilst the Island-owned monopoly shipping company, the IoSS, is kept afloat by continuous “emergency loans” funded by an ever diminishing number of taxpayers. As matters stand, your Island is not sustainable - neither its tourism-dependent economy nor the population which depend on that economy for their livelihoods. Sark is dying and something must be done. Mr Beaumont, the Sark Newsletter, succeeded by the Sark Newspaper, has already appealed to you on 111 occasions on behalf of your people, appeals which you have so far ignored, to give them an opportunity to create a future for themselves through an economy based on tourism. The Island needs you to show your concern for the people, young and old, now, by giving your permission for a local Customs post based on Sark and your support for direct shipping routes bringing in visitors from the Continent of Europe. Only then can the people of this Island get on with creating the economy they so badly need and a future for themselves and their families. It is your Island and it is therefore your responsibility to act. NOW. 5 THE FEUDAL LEADERSHIP PASSED ON SARK'S RESPONSIBILITY FOR HUMAN RIGHTS BREACHES At the Mid-Summer Meeting of Sark’s feudal government back in 2007 both feudal leader Michael Beaumont and his trusted ‘lieutenant’ Reginald Guille presided over what for them was a very important meeting. Their objective was to get rid of any checks and balances in Sark’s parliament and retain for themselves authority to preside and influence all aspects of future meetings. At the same time they needed to pass all responsibility to defend ongoing breaches in Sark’s obligations under the European Convention of Human Rights to the UK government and to be able to hide behind the wider Bailiwick of Guernsey when it came to their dominating authoritarian influence. Sark’s feudal leadership had for some time been bothered by the mere title of this European Convention since the title “THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS” is clearly an anathema to authoritarianism. It was therefore important for Messrs Beaumont and Guille to deal with what in any other jurisdiction would have been an insurmountable problem. Their solution was to feign democratisation whilst really retaining the reins of power in the feudal one ruling party state. In order to facilitate the puppet state system, it was important to bring in as many staunch and reliable home grown feudalists as possible - such as Edric and Diane Baker and of course the newly aspiring selfstyled “chief minister” of propaganda Charles Maitland. One of the main concerns of the Mid-Summer Meeting in 2007 was no doubt the proposition that “all candidates must poll a minimum of 25 votes to be elected”. This simple protection to the democratic process would mean that the likes of Charles Maitland would not have been striding around Westminster posing as Sark’s democratically elected representative. Unsurprisingly, this proposition was not approved but the very idea of having to be voted in will have increased the feudal heart rates uncomfortably at the time. Of course, since then Reginald Guille, in his ‘Returning Officer’ guise, has made a mockery of democracy by ushering the majority of members of Sark’s parliament, including the now infamous Maitland, into pivotal government roles without having even a single vote from the disenfranchised public. Rights and fundamental freedoms is set only to rise, which will embarrass not only the Bailiwick of Guernsey but the UK government as well. At the time of writing, the Sark Newsletter has learnt of yet another case where the British Government has to expend scarce resources in an effort to defend a challenge arising out of Sark’s disregard for human rights. This is in addition to the recently documented case where a significant proportion of Sark’s electorate remains disenfranchised. The UK government must be wondering where this will all end and the Bailiwicks of Guernsey and Jersey will certainly prefer not to be cast centre stage at the European Court at a time when there are so many other more pressing issues to be addressed in Europe. The big selling point promoted by Reginald Guille, speaking in his dominating capacity as Seneschal at the 2007 Mid-Summer Meeting was: “IF THE CONSTITUTION GOES FORWARD AND IS APPROVED BY THE PRIVY COUNCIL, HUMAN RIGHTS BECOMES A UK RESPONSIBILITY. THE MINISTRY OF JUSTICE (MOJ) HAS MADE IT CLEAR THAT ADDITIONAL SECTIONS CAN BE ADDED AS AND WHEN REQUIRED”. Just to ensure all those present voted in accordance with his feudal leader’s diktat, he added (recorded under point 22 of the minutes of 4th & 5th July 2007) that “the Law Officers automatically check all drafted laws for human rights compliance”. The Sark Newspaper has reiterated again and again the hope and expectation that good governance will eventually prevail in Sark and that the Island can enjoy the transition from feudal authoritarianism to inclusive democracy. The unfortunate reality is that, unless and until Sark’s feudal leadership is willing to embrace meaningful change rather than proliferate an endless series of sham reforms and deceitful press releases, we are going nowhere fast. Unfortunately for Mr Beaumont and his feudal followers, the number of Sark challenges under the European Convention of Human 6 Hopefully those young families who are able to endure the current economic cleansing process will one day benefit but it seems things will get worse before they get better. The Sark leadership have many questions to answer and passing on their responsibility for violations in human rights can only delay and not remove their need to address justified challenges. DEMOCRATICALLY ELECTED GUERNSEY POLITICIANS PAY HOMAGE TO FEUDAL LORD MICHAEL BEAUMONT’S UNELECTED ONE RULING PARTY STATE OFFICIALS Only as a result of a report carried in Mondays’ The Guernsey Press do the public know that a second meeting of Guernsey Chief Minister Jonathan Le Tocq’s pet project, the rather grandly named Bailiwick Council, took place in Sark on Tuesday 15th March 2016. Once again, for reasons known only to the Chief Minister of Guernsey and his fellow democratically elected states members, they are willing to sit down with unelected totalitarian state officials such as Sark’s would-be “chief minister” Charles Maitland to discuss any manner of ‘soft’ issues. It is notable, however, that they dare not tackle the greatest threat of all to the Channel Islands’ reputation on the world stage, namely the lawless, unregulated and uncooperative nature of the autocratic rule of Sark’s feudal lord Michael Beaumont. Mr Le Tocq is seen by many as an honourable man, a church minister who practices what he preaches. A man of actions as much as words who has, over the years, thrown his home open to vulnerable young people. By welcoming those in need into his family home he has given these youngsters the chance to rebuild their troubled lives in an atmosphere of warmth, caring and security. With this in mind it is astonishing that such a highly principled and intelligent individual has not grasped that, in crossing the few short miles of sea from Guernsey to Sark and meeting on equal terms with Sark’s unelected state officials, he is empowering a totalitarian state regime which shows nothing but contempt for the principles that he so clearly adheres to. In Sark there is no statutory help for individuals who fall on hard times, be it through ill health, unemployment or simply growing old and being deemed a drain on the Island’s finances. In the totalitarian state of Sark, feudal lord Michael Beaumont's regime values its children's futures so little that it will not provide them with, as a statutory right, a state-funded education. The Guernsey Press coverage 21st March 2016 continue to suffer state persecution the likes of which has not been witnessed in Western Europe since the economic ethinic cleansing in Germany during the 1930’s. As we enter Easter weekend, the actions of Guernsey’s Chief Minister Jonathan Le Tocq resonate with those of Pontius Pilate. By washing his hands of any responsibility to do the right thing by the people of Sark, by confronting the issue of the immense powers of the unelected feudal lord Michael Beaumont he has discredited both himself and his fellow democratically elected politicians. Little wonder that the British Crown Dependency of Guernsey’s reputation on the world stage continues to suffer as a result of continuing to shore up the rogue state of Sark. The decision by the democratically elected Jonathan Le Tocq to share a public platform in The Guernsey Press with Charles Maitland, a state official who has not faced the electorate, has not received a single vote and carries no mandate to represent the views of the people of Sark, constitutes a grave error of judgement on his part. Whilst Mr Le Tocq and his democratically elected colleagues from the Bailiwick of Guernsey are willing to travel to Sark and pay homage to feudal lord Michael Beaumont's unelected one ruling party state officials, the people of Sark 7 “PRESIDENT” EDRIC BAKER’S “INDEPENDENT” POLICING PANEL: SHAM REMOVAL OF THE ONE RULING PARTY STATE CONTROL OVER SARK LAW ENFORCEMENT The Sark Newspaper has consistently exposed the fact that Sark's lay policing is wholly unfit for purpose, along with the rest of Sark's institutions. This exposure to the outside world has clearly found its mark because at item 1 of the Easter agenda for the one ruling party parliament we find a proposal to establish an “Independent Police Panel” for Sark. This “independent” panel is to consist of three Sark residents. They have to be resident and therefore under the control of the Sark establishment - and not just resident but “fully” resident, in other words fully under establishment control. Predictably, there is still no definition in existence for those who can call themselves Sark residents - nor, for that matter “full” residents. We are told that the panel’s members cannot be sitting members of the one ruling party parliament. Douzaine “president” Edric Baker’s report states that they must be wholly independent of the assembly. Very late in the day Sark’s totalitarian regime has, as a direct result of exposure in this publication, been forced into cosmetic tinkering with the way that Sark is policed. The fact that everywhere else in the civilised world - and certainly, in London, home of the UK Ministry of Justice - it is completely unacceptable to have the police force appointed by and accountable to, the legislature and executive - Sark's legislature also being its executive. This has left Sark’s ruling elite with no choice other than to make a show of appearing to respond to external pressures to remedy the situation. Michael Beaumont’s one ruling party regime are masters of fooling the Ministry of Justice and, in particular, its successive The final paragraph in Edric Baker’s report to the one ruling party assembly is nothing but self-congratulatory one ruling party state propaganda romanticising the unacceptable. Joseph Goebbels would have been proud. There are all too many “traditions” in this world which are as repulsive as they are unacceptable in a modern democratic society. Sark’s particular brand of deeply conflicted amateur policing by constables answerable to an unelected, unaccountable “government” headed by an unelected unaccountable feudal lord most definitely falls into the repulsive/unacceptable category. 8 Ministers in charge. They did it with ease with Jack Straw, running rings around him in the lead up to the Reform Laws of 2008 and 2010. They were perhaps less successful with the rather worldly and deceptively canny Lord McNally, a man who in time saw through Michael Beaumont and his one ruling party state members and supporters and publicly declared that he could not give Sark’s governance ‘a clean bill of health’. With Lord Faulks at the helm of the Ministry of Justice, Sark’s totalitarian leaders are back on solid ground. He and his department have shown that they have neither the will nor the wherewithal to take on Michael Beaumont face on and wish only that the problem that is Sark would simply go away. In true one ruling party tradition, Sark’s power elite has therefore devised a sham reform designed to dupe Lord Faulks, the Ministry of Justice and the rest of the outside world into believing that Sark now conforms to acceptable standards of democracy and governance whilst in reality ensuring that the one ruling party regime retains its power and control over Sark’s law enforcement. Accordingly, Baker’s allegedly “independent” policing panel will “oversee” the annual appointment of the constables – but not, of course, actually make the appointments, as this will remain, as ever, within the control of Baker’s Douzaine, a committee which meets behind closed doors and whose members are sworn to secrecy, and the one ruling party parliament of which the Douzaine’s members form a part. The panel will also deal with complaints against the consta- bles and meet to “discuss isAFTER SARK’S sues”. They will have no powUNFIT-FOR-PURPOSE ers of any kind over the constaLAW ENFORCEMENT bles. No investigatory powers, HAVE ARRESTED YOU, no powers of sanction, nothYOU ARE AT THE ing. They can give a “warning” – of what, we do not know – HANDS OF THE FEUDAL perhaps that there is an infaLORD’S UNFIT-FORmous boat which leaves in the PURPOSE COURT morning. The whole “independent panel” scheme will be entirely nonstatutory and, ultimately, voluntary. It will have no teeth, not even gums. The panel does nothing to alter the fundamental objection that Sark's politicians choose and control their police. Quite apart from the objection of Sark policing being wholly amateur, its present organisation is fundamentally objectionable and this panel does nothing to alter that fact. This whole deceitful exercise is devised to make it look like they provide for oversight of the constables independent of the members of Sark’s one ruling party parliament. Who is to appoint these much heralded “independent” panel members? None other than Baker’s Douzaine and Sark’s one ruling party parliament, to whom the “independent” panel is accountable. The entire proposition is such a transparent fraud that it is an insult to the intelligence of those both on Sark and within the corridors of power off Sark who criticise the Island’s law enforcement and term it unfit for purpose. Sark has a history of unacceptable law enforcement by hopelessly conflicted, shortterm amateur constables who are answerable to a feudal lord, his chosen leaders and the members of his one ruling party parliament. That’s the way they will keep it, as this proposition illustrates all too clearly. 9 UNELECTED and ACCOUNTABLE TO NO ONE, feudal lord Michael Beaumont, as owner of Sark’s judiciary, personally appoints each and every court official, including, of course, the principal judge and his assistant. As principal judge in his court, the feudal lord has appointed his own brother-in-law, Jeremy La TrobeBateman, a crane driver with no qualifications or experience in matters of law. The principal judge’s son, Sam La Trobe-Bateman has, with the feudal lord’s consent, been appointed chief of Sark’s law enforcement, and Guernsey’s professional police force can only come to Sark to investigate crimes after obtaining the feudal lord’s permission. The helpless people of Sark A SELF-SERVING TOTALITARIAN REGIME WITH CONTEMPT FOR EVEN THE MOST BASIC DEMOCRATIC PRINCIPLES The publication of the conditions of eligibility to would-be candidates for the States of Guernsey election to be held on April 26th 2016 is a timely reminder of the vast gulf that lies between the democratic principles governing our dominant neighbouring Island and those of the totalitarian state of Sark. In Guernsey, as is the case in all democratic societies, there is a requirement that no person in public office can remain an employee of the state or a beneficiary of state patronage. In Sark this basic democratic principle is simply trodden into the ground under the jackboot of a fascist regime which shows nothing but contempt for the checks and balances that are the very bedrock of democracy. Whilst in Guernsey, as the case in the rest of the democratic world, there is a clear distinction between those who make the laws and those who enforce them, in the totalitarian state of Sark there is no such separation. Indeed, well documented factual accounts exist of unelected state officials passing laws, enforcing those very same laws, and subsequently attending protest meetings posing as ordinary members of the public when mere technicalities have meant that the laws that they have passed and subsequently enforced have failed to achieve their objectives. Lying just seven miles off of the coast of Guernsey, the rogue lawless state of Sark continues to inflict reputational damage on the credibility of all of the Channel Islands on the world stage. Whilst the UK government pontificates on the abuses of power of numerous rogue states the world over, it continues, for reasons known only unto itself, to turn a blind eye to the lawless totalitarian state of Sark. A foundation stone of the democratic process is the principle that no state official should benefit from public office. The conditions of eligibility for successful candidates taking their seats in the Guernsey States Chamber stipulate that: “If they are States employees or public officers they must cease those roles before joining the States on 1 May” [the date of the sitting of the new parliament]. No such conditions are placed on the members of Michael Beaumont's one ruling party state assembly. As with totalitarian states the world over, the power of patronage or punishment is essential for the continued survival of Sark’s one ruling party regime. Sark’s one ruling party parliament is populated by unelected state officials who have not faced the electorate, who have not received a single vote from the electorate and who carry no mandate. It is, moreover, riddled with state employees who thereby are perfectly placed to pursue their vested interests above the democratic interest of all Islanders. A list of Sark state officials who through their public offices or state employment would be uneligible for office in any other jurisdiction makes a mockery of Sark’s claim to be a democracy. Setting aside the fact that sixteen of the twenty eight members of Michael Beaumont's one ruling party state parliament have not 10 faced the electorate, have not received a single vote and therefore carry no democratic mandate to represent the people of Sark, their abuse of power is nothing short of breath-taking. Amongst the many members of the current one ruling party state parliament who enjoy state employment or financial patronage are Karen Adams, Edric Baker, Sandra Williams, Peter Byrne, Colin Golds and Paul Williams. Not only does Karen Adams enjoy taxpayer-funded employment as Sark’s tourism officer, she is also chairman of the Shipping Committee and the ‘Special Secret’ Liquor Licensing Policy Development Committee, deputy chairman of the Medical Committee and a member of the Public Health, ‘Special Secret’ Children's Law Policy Development and ‘Special Secret’ Regulation of Medical Practitioners Committees. Such conflict of interests would only be tolerated in a totalitarian state. Word on the street is that she is soon to leave Sark and take up a paid position in Guernsey in order to guarantee that her own child does not suffer the disadvantage of a Sark education. The multi- tenement owning multi-millionaire Edric Baker is employed by the secretive state committee, the Douzaine. He is also the “president” of this powerful and secretive state committee, which meets behind closed doors and whose members are sworn to secrecy. Diane Baker, Edric Baker’s wife and fellow member of the one ruling party state parliament, (membership to which neither of them have received a single vote from the electorate), has recently taken to working part-time in the local supermarket alongside fellow party and parliament member, Rosanne Guille Byrne, niece of the unelected president of Chief Pleas, Reginald Guille. Clearly, despite denials from the state, the catastrophic collapse in Sark’s economy in the wake of eight years of state- sponsored economic cleansing is impacting across every walk of life. Peter Byrne, who, by being the husband of Rosanne Guille Byrne makes up the third of the on and off three husband and wife partnerships sitting in Michael Beaumont’s one ruling party state parliament, is employed by the state as deputy harbour master, a situation which would not be acceptable in any 21st century representative democracy and most certainly not in our neighbouring Island of Guernsey. Fellow one ruling party state members Paul Williams and Colin Golds are also beneficiaries of state employment. The fact that they sit as members of the very parliament which employs them once again highlights the gulf that exists between the totalitarian state of Sark and the rest of the democratic British Crown Dependencies. However, the greatest example of how far removed Sark is from being a fully representative democracy is the prominent member of the one ruling party parliament Sandra Williams. Williams runs her own hospitality business, a café and public house, in direct competition with her own constituents from a publicly-owned building. Unlike her constituents she pays no rent for her business premises, which are given to her rent-free courtesy of the one ruling party state parliament of which she is a member. STATES OF GUERNSEY ELECTIONS 2016 Conditions of Eligibility For Candidates Must be at least 20 years old. Must be considered as ordinarily resident in Guernsey on the date of nomination. Must sign a declaration affirming they are eligible to hold the office of people’s deputy. Must have their application signed by two people whose names are on the electoral roll for the district they hope to stand in. Can only stand for election in one district. If they are States employees or public officers they must cease those roles before joining the States on 1 May. Cannot have been sentenced by a court in the UK, Channel Islands or the Isle of Man to imprisonment for a period of six months or more, whether suspended or not, in the last five years. She is, furthermore, the recipient of a taxpayer-funded maintenance grant of up to £8,000 per annum to run her business, again by the very same one ruling party state parliament of which she is a high profile member. The conflicts of interest of this self-protective, self-interested and self-regarding one ruling party state official knows no bounds. She is the chairman of the state Tourism Committee, deputy chairmanship of the Shipping Committee and chairman of the Harbours and Pilotage Committee. She is also the chairman of the Committee reviewing the Isle of Sark Shipping Company. Such abuses of power will only ever be found and tolerated within totalitarian states such as Sark . One wonders what the newly democratically elected members of Guernsey States would make of this symptom of statesponsored corruption and vested interests. 11 There are two major breweries/ public house landlords in Guernsey; Bucktrouts and Randalls. What would the people of Guernsey have to say if the States spent their taxpayers’ money to build a portfolio of public houses which would trade in direct competition with the existing privately-owned businesses and then gave this portfolio, rent-free, to individual members of the States of Guernsey to run for their own personal gain? There would be uproar, civil unrest and a public outcry which would inevitably result in a public enquiry into corruption and the abuse of public office. This will never happen in Sark. The iron grip which Michael Beaumont and his totalitarian regime hold over the lives of the people is so powerful that the people dare not speak out for fear of repercussions in the form of state-sponsored harassment, bulling and persecution. Such is the gulf between the democratic Island of Guernsey and the one ruling party state of Sark. COPY OF THIS ISSUE OF THE SARK NEW SPAPER HAS BEEN DISTRIBUTED TO THE FOLLOWING: President of the European Court of Human Rights, Mr Dean Spielmann President of the European Commission, Mr Jean - Claude Juncker The Council of Europe’s Commissioner for Human Rights, Mr Nils Muižnieks Secretary-General of the United Nations, Mr Ban Ki-moon Prime Minister of Belgium, Mr Charles Michel Prime Minister of Bulgaria, Mr Boyko Borissov Prime Minister of Croatia, Mr Zoran Milanovic Prime Minister of Estonia, Mr Taavi Rõivas Prime Minister of Greece, Mr Alexis Tsipras Prime Minister of Italy, Mr Matteo Renzi Prime Minister of Lithuania, Mr Algiradas Butkevičius President of Poland, Mr Andrzej Duda Prime Minister of Portugal, Mr António Costa Prime Minister of Spain, Mr Mariano Rajoy Brey Lord President of the Privy Council, The Rt. Hon. Chris Grayling Secretary of State for Foreign & Commonwealth Affairs, The Rt. Hon. Philip Hammond Minister of State for the Ministry of Justice, Lord Faulks Home Secretary, The Rt. Hon. Theresa May Reviewer of Sark’s Administration, Ms Belinda Crowe The Queen’s Private Secretary, Sir Christopher Geidt KCVO OBE PC Ms Camisha Bridgeman, Desk Officer in Strategy & Coordination at the Overseas Territories Directorate The Bailiff of Guernsey, Sir Richard Collas Lt-Governor, Vice Admiral Ian Corder CB BULLYING The Sark Newspaper’s readers are once again reminded that if you are being bullied, intimidated or harassed in any way and wish to seek support, help or legal advice, please do not hesitate to call, write or e-mail me at the Sark Newspaper’s address. What you say will be in the strictest confidence unless you give your consent otherwise. Kevin Delaney The Sark Newspaper is edited and published on Sark by its proprietor Sark resident Kevin Delaney E-mail Editor in Chief Kevin Delaney: [email protected] Deputy Editor John Donnelly website: www.sarknewspaper.com Copyright THE SARK NEWSPAPER 2016
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