Lost letter sparks Scrutiny 'civil' war

Monday 14 September 2020

It might not be on a par with an errant ring-binder deciding the future of the Millennium Town Park - but a Scrutiny hearing this week revealed another example when the fickle hand of Lady Luck seemingly interfering with good government.

This time, a "meaty" letter setting out "concerns" with the operations of the joint Channel Islands Regulatory Authorities (CICRA) appears to have gone missing - before being reissued, after the decision to break up CICRA had been announced.

Penned by Group Director of Financial Services and the Digital Economy, Richard Corrigan - who was unable to explain why the critical document was only send as a hard copy, and not also emailed - the letter was originally sent on the 10th January, and apparently set out what were described in the hearing as "concerns" with CICRA's operations. 

Pictured: Group Director of Financial Services and Digital Economy, Richard Corrigan.

He never received a reply to what was described by Panel member Deputy David Johnston as a "meaty letter" - which only emerged after a reissued version was found in mid-May, tucked behind CICRA's post box in their lobby.

The whole issue came to light on Friday in a particularly bad-tempered exchange between the Economic Development Minister, Senator Lyndon Farnham, Mr Corrigan, and the Chairman of the Economic and International Affairs Scrutiny Panel, Deputy Kirsten Morel. 

Mr Corrigan initially said that the island's civil servants had only had informal discussions with the Chair of CICRA as to their concerns over the pan-island structure - but when Deputy Morel produced a copy of his missing letter, which apparently set out "concerns with the authority's operations," he accepted he had also written to CICRA. 

Mr Corrigan explained this by commenting: "What I'm saying is that we don't routinely put every bit of communication into writing, as I said earlier there were a number of phone calls with the Chair and the Interim Chair, and our counterparts in Guernsey from time-to-time."

Pictured: Deputy Kirsten Morel, Chairman of the EIA Scrutiny Panel.

Regarding the missing letter, which was apparently sent in January, Deputy Morel commented:

"The only copy they have, which was found by accident, in the middle of the covid crisis, after the 18th May 2020...and it was found behind the letterbox in the CICRA lobby."

Mr Corrigan said he hadn't noticed the lack of a reply to the missing letter, as a result of being busy dealing with the covid pandemic, despite the announcement of the CICRA break-up coming in April, and added:

"I can't explain it if CICRA haven't checked their box properly, you'd have to ask members of the authority."

Deputy Morel demanded an electronic copy of the original letter, so that he could check the 'meta-data' showing exactly when it was written. 

Economic Development Minister, Senator Lyndon Farnham, stepped in saying: "I think the Chairman is saying he doesn't believe us, he's trying to accuse us of playing some sort of trick!"

"I would refer you to the looks and the attitude you are giving us now...these sort of meetings should be conducted with more civility please, I have asked you that before. I don't like the accusations you are making to officers who will provide you with the information you are asking for...It is quite clear that you are saying by some sleight of hand we didn't send an email so we have concocted another one at a later date and posted it."

To which Deputy Morel replied:

"At no point have I been uncivil, and at no point have I made any accusations. I have been very quiet, very calm, and I only ask pertinent questions to understand the government's decision making; if there is a query about the dating of a letter, which is a very pertinent letter, then it is absolutely right that we are provided with evidence to show the letter was sent, and officers acted truly and with integrity."

Pictured: Senator Lyndon Farnham and Deputy Charles Parkinson.

In CICRA's 2019 Annual Report, Paul Masterton, who had been Interim Chair of the joint competition authority since Michael O’Higgins stood down in December, described the CICRA Board as having been “surprised” by the decision, which came just weeks after responsibility for the authority was transferred from the Chief Minister’s office to Senator Farnham.

News of the split was actually broken in Guernsey's States in April - at least a month before Mr Corrigan's letter had been discovered, and reissued to CICRA - by their Economic Development President, Deputy Charles Parkinson:

“On 17 February, I received a telephone call from Senator Lyndon Farnham. During the call, Senator Farnham advised me of Jersey's intention to terminate the pan-island sharing of cost, expertise and administration support under the Channel Islands Competition and Regulatory Authority joint operating model and revert back to separate insular competition and regulatory authorities in Jersey and Guernsey."

"In that context it would be fair to say that Jersey's request came as surprise to myself, and my fellow Committee members. Whilst this was not something which we would have wanted, the nature of CICRA meant that we had to accede to Jersey's request.”