“You cannot simply ignore the criticism… and hope that we will go away”

Tuesday 16 October 2018

Time is running out for the Infrastructure Minister to reach a foreshore compensation agreement before his department is slapped with legal proceedings, an islander fined £30,000 when he tried to sell his coastal home has warned.

The caution came in an open letter sent from Alan Luce to Deputy Kevin Lewis and shared with all States Members as a final call to the department he claims “bullied” him and other landowners into paying tens of thousands for alleged encroachments on publicly-owned beachside land.

Alongside Julian Mallinson, a chartered surveyor who lost around £20,000, he took his grievance to the States Complaints Board.

Despite the independent board concluding in June that the pair had been treated unfairly and should be compensated, the Minister declined to accept their recommendations, maintaining that his department had done the right thing.

Pictured: Deputy Lewis, the Infrastructure Minister, declined to accept the board's recommendations.

Deputy Lewis’ comments were later slammed by board chair Geoffrey Crill as “nonsense.”

Mr Luce previously told Express that he hoped that Deputy Lewis, who has only been in post since June, would take the opportunity to “wipe the slate [of the previous Minister] clean”, but was disappointed that he had not yet taken the opportunity to meet for a “without prejudice” meeting to discuss a potential way out of the deadlock.

Now, with no meeting and no foreshore policy amendments forthcoming, Mr Luce has hit out in a letter criticising the Department’s “stubborn” stance and failure to find a “fair and equitable solution.”

“This seems to me to be flogging a dead horse on your part and demonstrates a complete detachment from an issue which effects literally thousands of residents (voters),” he wrote.

Pictured: The homes of Mr Mallinson and Mr Luce, who were collectively fined £50,000 when they tried to sell their sea wall-based homes.

He now warns that he may have no other choice but to sue in a bid to get his money back and ensure that other islanders don’t have to go endure the same plight, which left him feeling so stressed that he decided to leave the island.

He concluded: “You cannot simply ignore the criticism and recommendations of the complaints panel and hope that we will go away. 

“If you are not willing to resolve matters in a consensual way we will be forced to litigate and are prepared to instruct advocates accordingly at which point you will be wasting further tax payers funds in defending an impossible position.” 

The letter in full…

Dear Minister,

I thank you for your response, which sets out your departments stubborn stance.  You do however make a number of factual errors.  In addition, Julian and I take issue with some of the key points you make.

The replies to our questions simply endorse the actions deployed by JPH officers as being fair and acceptable.  The recent Complaints Panel findings delivered a completely opposite view point.  You are choosing to completely ignore the views of an independent panel appointed by the States Assembly to investigate matters and point out circumstances where there is error on the part of the system.  Your stubborn refusal to accept their findings cannot be right or fair particularly when the findings were so damning.

The Issue was certainly resolved in the minds of your departments senior civil servants in regard to closure, but this was a forced closure and was attained in an unjust manner through a very selective and discriminatory modus operandi.  This is not just my view but was the finding of the panel.   The reliance on a “perjury” action to prevent any in-depth examination on the very basis of foreshore ownership by ourselves simply serves as a shameful exclusion of the facts and shows the extent of bullying tactics used to force our hand.  The department and the LOD will undoubtedly be called upon to address this conduct as further actions unfold.

The questions and recommendations raised by the SoJCP have not been satisfactorily addressed by yourself or have attracted a “no comment” stance.  This seems to me to be flogging a dead horse on your part and demonstrates a complete detachment from an issue which effects literally thousands of residents (voters).

In regard to the foreshore policy and all comments issued publicly in regard to our claims and the disparaging of such has clearly been officer written retrospectively and patently to defend actions that they had taken over seeking to attaining a fair and equitable solution.

It is notable that no further foreshore actions on behalf of the People of Jersey have been taken.  It is incumbent on you and your officers to act properly in a transparent public manner.  You cannot simply ignore the criticism and recommendations of the complaints panel and hope that we will go away. If you are not willing to resolve matters in a consensual way we will be forced to litigate and are prepared to instruct advocates accordingly at which point you will be wasting further tax payers funds in defending an impossible position. 

I would hope you are aware of the Jersey and Guernsey Law Societies stance on this matter and the local media interest.  

Kind regards
Alan Luce