The decision over whether to suspend Deputy Gavin St Pier from the States for 25 days will rest with his political colleagues.
It was revealed last month that he has been found guilty of breaching the States Members Code of Conduct.
The States Assembly and Constitution Committee has now lodged its policy letter presenting the option of the 25-day suspension for a vote.
“This Policy Letter does not express any view on the findings or the recommendations,” it says.
“Its purpose is to bring the Appeals Commissioner’s report before the States of
Deliberation (for debate)… .”
The complaint against Deputy St Pier was lodged in January, following an interview Deputy St Pier gave to a national newspaper which was connected to past events involving his family and others where safeguarding concerns had been raised. Express understands that national news article has not yet been published.
The complainant said Deputy St Pier had breached five sections of the States’ Members’ Code of Conduct in that interview, with a 30-day suspension initially recommended by the Standards Commissioner when she found against him.
The deputy appealed and partially won with the recommended suspension reduced to 25 days.
It’s likely that the States will vote on the suspension before Christmas.
SACC has warned that the States’ decision in this case will “establish a benchmark for the level of sanctions that are applied in future”.
“In considering this matter, the role of the States is not to re-examine the evidence but
rather to look at the conclusions and decide whether they are proportionate, fair and
reasonable,” the policy letter says.
“At the same time, Members may, in exercising their discretion, take account of the
broader constitutional and parliamentary context — including how the issues raised
relate to Members’ wider responsibilities and the standards of conduct expected
under the Code — provided this is done without investigating or re-examining the
evidence considered by the Commissioner in accordance with her functions,” it adds.
In response, Deputy St Pier has warned that if he is suspended it will set a “very dangerous precedent for Deputies, and for the fundamental role we play in seeking accountability and challenging vested interests”.
“This is the latest chapter in an unpleasant and difficult story, which has been running for over four years, following my decision in April 2022 to use parliamentary privilege in the States of Deliberation to identify Dr Sandie Bohin as the Named Doctor for Safeguarding,” he said.
“Since then, with each fresh complaint against me and each round of media publicity, more constituents have come to me with their own experiences of poor behaviours or clinical care, primarily but not exclusively, in the paediatric area. In addition to the three families that approached me before April 2022, can now be added 23 families and practitioners, bringing the total to 27 – the most recent family approaching me only four weeks ago.
“Advocating to try and give voice to serious concerns expressed to me by the public has been extremely stressful – and has cost me and my family dearly. However, representing families damaged, neglected or ignored by the system is one of the most important and trusted elements of the role for which I have been elected – and one that I take extremely seriously.
“The simple facts of this case are that I verbally confirmed facts to a journalist; and for that, the proposed consequences are extraordinary and dystopian. If the States endorse this recommendation to suspend me, they will be setting a very dangerous precedent for Deputies, and for the fundamental role we play in seeking accountability and challenging vested interests.
“In short, the use of the States’ Code of Conduct to prevent elected representatives from speaking to the media about public interest issues undermines democracy.”