Deputy Rob Curgenven has been left asking more questions after he received the response to formal questions he posed to the Committee for Home Affairs.
He recently submitted a series of Rule 14 Questions, seeking clarity on a “routine procedural error” in handling Police Complaints.
His questions sought transparency on how the handling of cases allegedly allowed them to be closed without proper investigation.
The questions focussed heavily on a visit from the Isle of Man police force, and rumours they had to act quickly to put several potential problems to bed.
The questions also demanded accountability on when the Home Affairs Committee and the independent PCC became aware, and pressed for a commitment to structural reform for a fully independent complaints body, (like the UK’s IOPC).
In their responses the Committee provided limited operational confirmation, but did clarify some specific points of interest raised.
Home Affairs confirmed the IoM Constabulary did visit in 2023, but stated it was an operational matter and not a general review of complaints.
They assured that the Head of Law Enforcement addresses any procedural errors and there is no evidence of intentional wrongdoing, but they did acknowledge the complaints process is complex and needs review.
Home Affairs also confirmed the PCC has reported two unsatisfactory investigations and six appeals upheld, (since 2011).
However, many of the questions tip toed to close to the line for Home Affairs, who consistently invoked legal and statutory constraints to avoid confirming several of the core claims.
On operational independence, they refused to confirm the existence or routine nature of the procedural error, stating it is an operational matter for the Chief Officer of Police.
On the ‘Independence of Bodies’, they couldn’t confirm any details regarding the PCC’s awareness or actions, citing the PCC’s statutory independence.
They refused to confirm any details regarding legal advice given to the Police or the PCC, again citing legal privileges.
They also stated they are not prepared to pre-empt the outcome of the PCC review when asked for a commitment to creating a new independent body.
The Home Affairs response looks to provide assurance that the system is not in crisis and that errors are being addressed, but they also heavily relied on principles of operational independence and legal privilege to decline confirmation of almost all specific allegations regarding past failures.
Posting on social media, following the publication of Home Affairs answers, Deputy Curgenven said, “Regrettably, questions posed to the Committee for Home Affairs have not really been answered.
“One the one hand, Home Affairs is saying it has no oversight of the Police Complaints Commission or Guernsey Police.
“Yet, on the other hand, the committee is telling us that we can be assured the police force and PCC are doing their jobs appropriately and lawfully; and that the PCC acts as the ‘ultimate safeguard’.”
“Which is it?” Deputy Curgenven asked.
