Deputy Mark Helyar wants to tackle more examples of bureaucracy in the States of Guernsey before the June election.
He’s set his sights on metal detecting next, posing a number of ‘Rule 14 questions’ for the Committee for the Environment & Infrastructure to answer around why and how it issues permits for the hobby.
These official written questions, and the transparency the answers are intended to deliver, along with the added bonus of getting them on record, is at the crux of Deputy Helyar’s inquiry.
On the surface he may be asking questions about metal detecting, but he says he’s really pondering the legality and justification of E&I’s permit systems.
“This is something which we could and should stop doing tomorrow – it is already illegal to cause criminal damage, illegal to disturb protected sites and illegal not to report treasure trove to the Receiver,” he said.
“It does not require a permit system which cannot be enforced or people being paid to issue them.”
Permits are only required for metal detecting on ‘Crown-owned beaches’, which the States – through E&I – manage.
The permits were first issued in 2010 because archaeologists and conservationists were worried about damage being caused by hobbyists.
If someone digs and causes significant damage, the States could prosecute them for criminal damage. There’s also the chance of someone taking ‘Crown property’, which could be seen as theft.
E&I told Deputy Helyar that “the issue of permits for metal detecting was raised in 2010 in response to concerns from the States’ Archaeologist and conservationists about the damage being done to archaeological sites, artefacts, coastal grass and headlands”.
E&I went on to say that these permits are essentially a licence to metal detect legally on Guernsey’s beaches. The Law Officers agree with this approach, as prosecution is more likely if someone causes damage or steals something with a permit system in place.
E&I added that the permit system doesn’t cost much for to run as it’s part of the committee’s normal work.
It also said that the permit system actively helps staff monitor what’s going on, it shows that the beaches are managed responsibly, and it ensures a way of giving detectorists useful information, like warnings about old bombs and what to do if they find important historical items.
E&I said getting rid of the permit system wouldn’t save the States any money, so it’s not something it is looking to cut, however there’s also been confirmation that no one has been officially approached or warned about legal action explicitly for metal detecting without a permit anyway.
“The permit system allows the States of Guernsey to monitor the activity, demonstrate its responsible management of Crown land (in this case beaches) and provide those wishing to metal detect on beaches with helpful information,” said E&I.
The committee also said Deputy Helyar had got some things wrong with his questions, on things such as pool licences and traffic changes, and said tht isn’t really relevant to how ACLMS works.
ACLMS is responsible for issuing permits for metal detecting and other things, and E&I thinks the team well-managed and does a good job balancing different needs while protecting Guernsey’s environment.
Deputy Helyar disagrees.
In essence, he was concerned that the metal detecting permit system is an unnecessary, legally dubious, and wasteful bureaucratic exercise that should be discontinued.
Speaking to Express, Deputy Helyar said it’s this kind of thing that Guernsey could do without.
“Central to democracy is respect for the rule of law, this is an example where government is imposing a permit system which has no legislative basis, no States approval, no budget, which is supposedly being done to “monitor” the public, for which it also has no mandate, nor any legislative powers.”
He claims that he used these parliamentary questions as a tool to formally raise these concerns and put the Committee’s justification on the public record.
“There is no legislation preventing, controlling or banning metal detecting, and there is no law banning or controlling digging on public beaches (anywhere) yet we apparently have a bureaucracy issuing 132 permits per year for something they have no power to prevent if someone just went out without a permit and did it anyway.
“So we have staff issuing and auditing a permit system which they have no power to enforce.”