Public trust is the cornerstone of a functioning society. In Guernsey, where government and community often intersect closely, breaches of this trust have amplified consequences. When those in authority manipulate systems for personal, familial, or colleagues’ benefit, they erode trust in themselves and the institutions they represent.
The recent example of U.S. President Joe Biden pardoning his son Hunter1 for a range of alleged crimes highlights the dangers of perceived nepotism. Biden had previously committed to letting justice take its course, yet his actions suggest a willingness to bend principles when it suited him. This undermines not only his credibility but public faith in the justice system.
In Guernsey, the risks are even greater, compounded by a lack of transparency and accountability. The absence of a Freedom of Information law allows decisions by those in power to remain shrouded in secrecy, while internal reviews invariably serve to shield the civil service from scrutiny rather than address wrongdoing. Wrongdoing is effectively hidden, and when those affected seek justice, the cost is often prohibitive. For many islanders, the financial burden of pursuing legal action against the States or its agencies places justice far beyond reach. Sometimes those qualifying for legal aid and with a just cause cannot even find an Advocate to represent them.
Recent legislative changes by the Committee for Home Affairs exacerbate this issue. Under the new system, complaints against the Police are assessed (filtered) based on the evidence a complainant has at the outset, rather than on the severity of the complaint, allowing for evidence to emerge as the case is investigated. This approach undermines justice by effectively silencing those without the means to provide comprehensive evidence immediately. It discourages valid complaints from being pursued, further entrenching a culture of impunity. It needs to be repealed2.
At present, Guernsey’s authorities operate an opaque system more intent on preserving their survival and jobs than meeting public demands—or fulfilling its obligations—for accountability. They are fully aware of these obligations, as evidenced by the pretence of providing them.
This resistance to transparency undermines confidence, while the public is increasingly vocal in wanting the lights turned on3. Without a clear commitment to openness, the system is alienating those it is meant to serve. It has become an obvious sham.
Guernsey’s small size compounds these problems. Oversight mechanisms must be external, whether for the civil service, law enforcement, or any other form of public administration. The island is too small to be “marking its own homework.” Even when actual bias is absent, the perception of bias remains damaging. Public confidence is built not just on fairness, but on the visible independence of those tasked with oversight.
A system where the same individuals are both responsible for actions and their review will always invite suspicion and distrust.
We urgently need an independent Public Service Ombudsperson4 to provide oversight and ensure that complaints against public bodies are investigated fairly and impartially. Without such a mechanism, those wronged by the system have no practical recourse, and the perception of impunity within the civil service will persist.
We also need to repeal the Committee for Home Affairs’ ‘filter’ legislation and implement a proper Freedom of Information Law to bring Guernsey in line with other civilised jurisdictions.
This systemic lack of openness and external accountability fosters an environment where abuse of power can thrive unchecked. The smaller scale of Guernsey’s community magnifies the damage—when rules are bent for the powerful, the public quickly loses faith not just in individuals but in the entire system.
Transparency and accountability must become non-negotiable. Misconduct involving officials or their families should be met with heightened scrutiny, not leniency or evasion. The introduction of an effective Freedom of Information Law5, (not the unenforceable ‘code’ we have now), independent reviews and a Public Service Ombudsperson would go a long way towards restoring trust. The public must see that no one is above the rules, especially those we pay or elect to uphold them.
Guernsey cannot afford the rot of selective justice and hidden wrongdoing to continue. Without systemic reform and independent oversight, the island risks further unravelling the very fabric of trust that binds its community together.
- https://www.theatlantic.com/politics/archive/2024/12/hunter-biden-pardon/680843/ [↩]
- https://stateofguernsey.com/stand-with-us-for-good-governance-nullify-recent-law-change-and-demand-the-removal-of-deputy-prow/ [↩]
- https://www.facebook.com/groups/2012673542503132 [↩]
- https://stateofguernsey.com/category/governance/pso/ [↩]
- https://stateofguernsey.com/category/governance/freedom-of-information/ [↩]