Treating the Teenage Thugs With Kid Gloves – Yet Again

In this blogpost back in mid-October, Clameur de Haro railed against the iniquity of giving a 16 year old thug with an appalling litany of violent crime, theft and anti-social behaviour to his name the protection of legal anonymity because of his age, thus preventing him being identified and shamed – although CdeH doubts, sadly, that the notion of shame at committing wrongdoing to others would have figured very much in the largely non-judgmental, morally relativist instruction he probably received in Jersey’s cultural-left dominated schools system.

So CdeH was heartened therefore, a few days after that mid-October post, by Deputy Trevor Pitman’s proposition to give the juvenile courts the power to curtail or set aside the protection of age-related anonymity in cases of serious assault, and to establish a legislative presumption in favour of naming - and was then subsequently even more heartened on receiving e-mails from more than one member of the Council of Ministers, saying that they welcomed and intended to support the Pitman proposition.

Amendments proposed since then both by Senator Ben Shenton and by Mr Pitman himself would restrict the liability to be named to offenders aged 16 or over, and would add other serious crimes to the list of offences where withdrawal of anonymity was applicable.

Accepting both the Shenton and Pitman amendments would mean, therefore, removing the restriction on naming, and the protection of anonymity, in cases of conviction for serious assault, murder, manslaughter, rape, or robbery, where the offender was aged 16 or over. Hardly unreasonable, Clameur de Haro would have thought, given the extent of public concern at rising levels of serious and violent crime among a determinedly recidivist section of the Island’s sub-18 youth.

Disappointingly however, CoM members are now resiling from this commitment, backed up by the Home Affairs and Education, Sport & Culture Scrutiny Panel.

The Panel oscillates between wanting to consider this issue, not in isolation but as part of a wider, more holistic approach to juvenile justice generally (translation: kicking it into the long grass and forgetting about it) and wanting to deflect the focus on to the question of parental responsibility.

But Mr Pitman is right when he says that many parents try extremely hard to keep their wayward offspring on the straight and narrow, and deserve more support. The Panel would perhaps be better employed in recommending strategies to bolster such responsible parental authority and supporting the exercise of it in any event, irrespective of any temporary and specific focus on the subject of juvenile justice - because all too often, as several of CdeH’s acquaintances have found to their dismay, the default setting of too many social services practitioners is almost always to take the child’s part against its parents and undermine parental authority.

The objections of the Ministers as articulated by the Minister for Health & Social Services are predictably, but no less disappointingly for that, based on the twin incubuses of firstly, the warped interpretations of the malevolently omnipresent international human rights industry, and secondly the predominantly child-centred, rose-tinted approach to juvenile criminality and justice which bears such a heavy responsibility for the explosion of juvenile crime over the last 30 years.

If the prescriptions of the UN Convention on the Rights of the Child are an obstacle because Jersey’s Children’s Law does not contain the equivalent UK legislation’s distinction between a child (under the age of 14 years) and a young person (under the age of 18 years), then the remedy is surely to introduce a similar distinction into Jersey law, not for the community to wring its collective hands and say nothing can be done. Let’s not forget that the Convention was drafted in the mid-1990s, when perceptions of maturity and responsibility for criminal actions were different from those now applying.

As regards assumed conflict with the ECHR and Jersey’s 2000 Human Rights Law, that objection may not last if the incoming Cameron administration in the UK stands by its presently indicated commitment to repeal the Human Rights Act in its current too-pervasive and pernicious form, in favour of a statute less favourable to miscreants and charlatans but still protective of the rights and freedoms that the original ECHR was intended to safeguard.

We can be sure that the “all-children-are-angels” and “crime-caused-solely-by-social-conditions” lobbies would be gratifyingly discomforted were Jersey to say that, in the case of persistent violent offenders over 16, identification would not be restricted, and that the right of the overwhelmingly law-abiding public to be aware of the threat posed by repeat-offender young violent criminals in their midst justifies a derogation from the more undesirable consequences of international obligations in these circumstances. Perhaps, for once, we should just try it, rather than presuming we have no alternative to mistakenly treating repeated young violent criminals with a lack of resolve in many cases will send merely a signal of either only mild disapproval or weakness.

The Minister for Health & Social Services, interestingly, recommends both that the debate be deferred, and that the proposition be rejected – in successive paragraphs. The confusion inherent in this is consistent with the arguments advanced in the main body of her comments which (where they do not merely parrot the views of the HA & ESC Scrutiny Panel and the Law Officers), rely heavily on the discredited philosophies of seeking to understand and excuse criminality rather than dealing with it.

Although Clameur de Haro is no hanger’n’flogger, and although the range of subjects on which Clameur de Haro and Deputy Pitman would share the same opinion is probably, to say the least, somewhat limited, the Deputy has undoubtedly got it right on this one, and is more in tune with the mood of an anxious and frustrated public than his opponents. As he says when he advocates -

“……the norm becoming that those young people who choose to engage in vicious attacks that go as far as to put another’s very life at risk can expect to see their identity held up for all the community to see. Government simply must show itself to be in charge and finally act. The public expect no less.”,

this is -

“……an issue wholly side-stepped by the authorities who should have been seeking answers to the problem…”.

Remember, if you’re 16, then you’re old enough to have a motorcycle licence. Old enough to get married. Old enough to leave school and get a job. Old enough to join the Forces. Old enough to vote. You are not a child, whatever the legal definition.

The Pitman/Shenton proposals and amendments in tandem do not mean hanging children of 10 for sheep-stealing, although from some of the comments made, you could be forgiven for thinking they do. They would mean merely removing the restriction on naming, and the protection of anonymity, in cases of conviction for serious assault, murder, manslaughter, rape, or robbery, where the offender was aged 16 or over. That is an eminently sensible compromise, and all States Members should support it.

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A Clear Case of Black (Ian) and White (Wash)

It's not often that Clameur de Haro finds himself agreeing with Geoff Southern about anything, but CdeH stands four-square with Mr Southern in his condemnation of the glossing-over by a clearly embarrassed and defensive Establishment of the incompetence and dereliction of fiduciary duty to the taxpayer exhibited by States' Treasurer Ian Black (who, CdeH notes, reportedly attempted to deflect the blame on to the former TTS CEO) in failing to ensure that the incinerator contract was hedged against an adverse exchange rate movement.

This is such a basic requirement - in CdeH's private sector worlds, both past and present, even comparatively junior mid-level finance executives are aware of the need to hedge a substantial currency risk exposure - that its omission virtually defies belief.

Are we to assume that no-one at all, in either the Treasury or TTS, realised the need? Because if that really is the case, then the implications for the management of Jersey's public finances, politely describable as sub-optimal at the best of times, are truly frightening. And the proposal to place Treasury accountants in all departments suddenly looks like not a very good idea at all.

Catching up on the last couple of weeks' Jersey Evening [sic] Post's back numbers since returning to the fold, Clameur de Haro spied Christine Herbert's Business Focus of 28 July, revealing that the Treasury is to deploy more public funds into the markets: presumably this will involve Mr Black's professional oversight of the investment strategy and the investment advisers.

Time for Under The Mattress as a safer option, maybe?

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Back to Jersey – and Back to the Blogosphere

Clameur de Haro found it a stimulating and rewarding experience living and working again in the Far East for the past few months: but with his last-ever overseas assignment having come to an end, and now lately arrived back on the Blessed Rock for good, he feels it’s time to pick up once again the reins of rightwards-inclined posting, to balance a little the local blogosphere’s majority leftward slant.

So, catching up, to what extent have the numerous undesirable features of the Island’s politico-economic landscape which CdeH hitherto railed against improved in his absence? And despite keeping intermittently in touch with events from afar, what does CdeH find on his return the land of his birthright?

Many of the answers, sadly, are not encouraging.

A still-bloated public sector, where spending appears predominantly out of control, where budgetary discipline seems lax or non-existent, and where sufficient determination to tackle either to the large extent actually necessary (as opposed to some cosmetic tinkering at the margins) looks less likely than snowdrifts in August.

Terry the Taxer and Ozo the Bozo purporting to direct an economic strategy which announced an appallingly cynical curtailment of front-line patient services and public facilities, but retracted immediately when objections were made – if cuts were (wrongly) thought necessary in the first place, why were they not defended robustly, however unjustifiable they were? And their cohorts and satraps already musing about raising indirect tax rates.

A government which almost certainly will have neither the vision nor the courage to go through with implementing much-needed staffing cuts, an absolute pay freeze, and pensions reform in public sector employment, nor any inclination to contemplate shrinking the size of the state by withdrawing from activities better undertaken by private enterprise.

A policing function with an effectiveness reportedly all but paralysed by internal strife, but still retaining the ability to commit the unbelievably ham-fisted bungling of what ought to have been a low-key routine investigation, thereby giving that malignant pipsqueak Syvret a golden opportunity to revel in his much-loved but self-proclaimed martyr status.

How depressing too, to see that the vast majority of the local politics blogs remain firmly anchored at the left-green end of the spectrum: some still obsessing, ostrich-like, with conspiracy theories about cover-ups or justice-denial to the exclusion of all else (and goodness knows, there’s no shortage of other things to get worked up about in this mis-governed island), while others continue to proselytize pernicious eco-authoritarian greenery.

At least Ratleskutle, Tony’s Musings, and Jersey 24/7 are still out there, providing a bit of much-needed wider variety of subject-matter.

So Clameur de Haro looks forward to a resumption of both promoting the alternative free-market and liberal prescriptions of a smaller state, reduced public spending, lower taxes and enhanced individual freedoms, and rebutting the authoritarian collectivist fallacies peddled by the pink leftists and their green fascist allies of convenience. Just as a taster for the latter, CdeH spied, on his pre-departure sojourn in a certain Far East airport, this entertaining piece in the Jakarta Globe about a ceiling collapse in a virtually new school building in Cirebon, West Java. Do, please, note the last sentence –

“Dedi Windiagiri, the head of the Cirebon school board, denied that the contractor was to blame. Climate change, he said, was the true cause of the accident.”

Really, you couldn’t make it up, could you? Ridiculous? Of course. But as an example of the fundamental dishonesty of so many genuflectors before the altar of the green religion, and their desire desperation to attribute any misfortune at all, whatever its cause, to the great holy mantra of climate change, regrettably not untypical.

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Southern (Dis)Comfort

Clameur de Haro? found it highly amusing to see in today’s Jersey Evening [sic] Post an entire vineyard’s worth of sour grapes on public display from a Geoffrey Southern evidently piqued that a majority of States’ Members failed on no fewer that three occasions over the past few days to recognise his indisputable entitlement and suitability (well, in his eyes, anyway) for either a ministerial post or panel chairmanship.

His dreary allegations of “shameless politicking by ministers”, and his hyperbole about “complete and utter disrepute”, apart from their utter predictability, are risible. Mr Southern should, as our transatlantic allies say, just do the math.

CdeH? notes that, on each poll, the votes cast against him added up to 2 or 3 times the number of ministers which had actually been appointed at that stage: so clearly others, apart from ministers or ministerial hopefuls, shared on each occasion the latters’ (presumed) distaste at the prospect of a Southern ascendancy.

Ignoring the twisted logic which claims that fewer votes somehow equates to an opinion that he would do a better job, Mr Southern’s suggestion that the appointed chairmen of the Economic Affairs and Corporate Services Scrutiny Panels would provide less robust questioning than he would is patently absurd.

Mere tendency towards left-wing, so-called “progressive” politics does not automatically confer the required degree of knowledge and incisiveness, Mr Southern: Clameur de Haro? has far more confidence in the likelihood of Higgins and Ferguson holding Terry the Taxer and the very doubtful Ozo the Bozo properly to account.

And his forecast of the impending advent of party politics as a result of his thrice being rejected is nothing short of hilarious. What precisely are those three letters upon which Mr Southern hangs his electoral hat?

Back to The Guardian and Mad Polly Toynbee for inspiration, Geoff…………..

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You Should Have Stood Up and Been Counted, Mr Forskitt

Clameur de Haro? sees a both amusing and ironic linkage between the Jersey Evening [sic] Post’s editorial of Wednesday 10 December and Mark Forskitt’s blogpost of Friday 12 December.

In its 10 December leader, the JEP, clearly finding the prospect of Deputy James Reed’s appointment as Education Minister not to its liking (“…simply not credible….”), sought to suggest that he lacked the requisite levels of both experience and public support, largely on the grounds that he had not had to face the electorate in his own parish - as if Mr Reed was in some way either personally blameworthy, or a less than legitimate representative, because no-one decided to challenge him.

CdeH? will remember that leader, and take pleasure in re-airing it the next time the JEP lauds the unopposed re-election of a Constable by a small and unrepresentative coterie of parish officials as somehow a vindication of the inherent stability of that entirely mythical concept, “the Jersey way of life”. But that is by the way.

Meanwhile, Mr Forskitt, a resident in fact of Mr Reed’s constituency, draws comparisons between the recent elections in Sark (whose electors have CdeH?’s wholehearted approval for their two-fingered Agincourt Salute to the ogres of Colditz-en-Brecqhou) and Jersey’s recent “pitiful” elections: he says “….I believe it (democracy) is coming to Jersey too…”, and he wearily evokes the plight of “…we plebs, when faced with an election, ….”.

Clameur de Haro?, however, recalls that Mr Forskitt, despite his evident desire to get into the States, admitted quite openly on the Planet Jersey forum, in the run-up to the elections, that he would not risk standing in his home parish of St Ouen in opposition to Mr Reed, judging – correctly - that he would have no chance (sensible people, these electors of St Ouen): but speculated that he might instead try a spot of unashamed carpet-bagging and possibly have a crack at St Brelade No 1, where he thought there might be a bit more receptiveness to his greenery.

But in the end he did not do that either. Presumably when faced with the prospect of an election of his own, timidity and risk-aversion triumphed over the opportunity to bring democracy to the unfortunate, democracy-deprived citizenry of St Ouen and St Brelade………

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A New Direction of Travel

Welcome to this the opening post from Clameur de Haro?

CdeH? is angry: in fact positively seething with exasperation and frustration at the poor quality of both the political philosophies currently on offer to the people of Jersey – and echoing the cry of Mercutio in Shakespeare’s Romeo and Juliet.. “a plague a’ both your houses!”.

CdeH? is most definitely NOT an enthusiastic standard-bearer for Jersey’s current Council of Ministers and the present States’ Establishment, and believes that the wider electorate’s manifest disillusionment with both is amply justified. Yet, like so many of the Island’s silent majority, CdeH? shudders at the prospect of the potential damage should what may be called the Stuart Svvret Tendency and the JDA/Green Coalition gain political ascendancy.

CdeH? is convinced that there really does exist a radical alternative direction for the Island – one between, at the one extreme, the complacently inefficient, overly bureaucratic, excessively mercantilist, and fiscally irresponsible current government: and at the other extreme, the assorted collective of tax-and-spend egalitarian socialists, muddled-thinking talk-gooders, and mendacious eco-authoritarians, masquerading under a disparate variety of labels of the left, but all essentially wanting the same thing - a much more interventionist, enterprise-averse, anti-freedom and aggressively redistributive regime.

CdeH? contends that a significant number of Jersey’s current domestic problems stem from one thing – the sheer size, scale, and therefore cost of government and administration: that Jersey’s public sector is too large for the size of the population, and generally does too much: and that it compounds that error by doing so expensively and inefficiently – much, much more expensively and inefficiently than would private enterprise, because of government’s ability, and natural inclination, to increase the tax burden to cover expenditure, rather than control its activity and therefore its cost, so as to keep expenditure below the tax revenue achievable consistent with a flourishing, dynamic but also equitable society.

So – for CdeH? the direction of travel has to be to reducing the size and impact of the state, curtailing its remit, controlling its cost, and lowering its burden on the economy – by applying free-market and libertarian economic and social policy prescriptions, and eschewing the deceptively and superficially attractive solutions dangled by both persuasions.

From CdeH?'s position, poised in the Royal Square on the steps of the States' Assembly, this will be the approach put forward in the coming days, weeks and months.

Watch this space.

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