Ministerial government ‘is not working’

Monday 24th May 2010, 3:00PM BST.

Deputy Collin Egré

Deputy Collin Egré

JERSEY’S ministerial system of government is not working and needs a rethink, according to a six-month review.

The review says that there are ‘fundamental questions’ about the ministerial system and that ministers are reluctant to be open about what they are doing or to be diverted from their personal agendas.

As a result, States Members from outside the Council of Ministers feel unable to do the job that they were elected to do, according to the Privileges and Procedures Committee States business organisation sub-group, which is chaired by Deputy Collin Egré.

And their report says that the system is so far gone that tinkering around the edge of it will not help, and that sweeping changes are needed.


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  1. 1
    reggio

    Tell us something we did’nt know !!!! oh and how much did the six month review cost

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  2. 2
    Chubber

    Please stop, my sides are hurting.

    The only people who don’t know this are the Council of ministers.

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  3. 3
    PJ

    And tomorrows headlines ‘JERSEY’S ministerial system of government is working, keeping with in its budgets and everyone is so proud of them’!!!

    Sack the lot of them and start again for the majority of them are a waste of space!

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  4. 4
    Keyser Söze

    No surprises here.

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  5. 5
    Hedley

    Well done Collin – now lets hope that bunch of I’m alright Jacks are made to sit up and do something about it.

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  6. 6
    david brown

    clothier.

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  7. 7
    Interested Bystander

    Well ! What a super project for Stuart Syvret to get his teeth into ! A properly run government, with transparency, and no hidden agendas !

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  8. 8
    phil percchard

    Clothier said “don’t cherry pick”
    What did our States do?
    They cherry picked.
    Marks out of ten … zero.
    Result … FAIL

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  9. 9
    NC

    One day something will be concluded without the need for professional advice, perhaps we should just out source the management of Jersey and have a balanced decison making process

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  10. 10
    cookiecrumble

    Tell us something new and what do they intend to do about it.! It is so obvious that the Council of Ministers elect to have their own agendas and that any decision making is incestous due to a Minister and Assistant having the decision making powers.Having said that the Civil Service and Mr.Ogley love it as they can control the “puppets” which was more difficult under a committee structure.
    Hopefully some action will be taken before Jersey’s governmental structure becomes ever more leaderless.

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  11. 11
    Boris

    I really cannot see what the problem is? No system of government is perfect and what is the alternative? If you don’t like it (as the saying goes) there is a boat in the morning! Well depending on the season and really it is the evening boat which the more reliable.

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  12. 12
    vicmel

    Jersey used to be like Disney World – same 45 sq Miles – same intent to woo the tourist… what happened? We had the wrong Managing Director – followed by the wrong managing director followed by…..

    Quite simple – Jersey is a business – a big business and it needs to be run by someone who understands big business….. With respect to EVERY Jersey politician – they are miles out of their league … This is a business that needs to work for all of the shareholders…that’s you and me..the people of Jersey…and in all honesty – if you put old Jersey relationships and vested interests aside – there is nobody who has a clue… Which one of our ministers would have a chance of being CEO of Disney?????…… exactly!

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  13. 13
    Mogit

    Do ALL politicians suffer with verbal diarrhoea ????

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  14. 14
    truthseeker

    Mr Egre is right on this and the findings have been obvious for ages.now official it seems.the COM is a total failure and not least because of too much power vested in one individual,there have been some truly awful overrides by solo ministers of sane decisions lately,politicians need protecting from themselves and their human temptations….a panel/committee avoids this hell bent megalomania we have all witnessed…just look at the carnage at social security,planning and on and on …reform so that we have actual representation and democracy….totalitarian regimes own the people ..any one here beginning to feel a distinct lack of personal autonomy in their lives right now….?

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  15. 15
    Jon Manning

    There is no accountability in the current setup. We must revert to the only viable alternative – party politics.

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  16. 16
    Farmer Trev

    One day something will be concluded without the need for professional advice,

    Just ask the people, they will tell you how to run the island

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  17. 17
    NannieP

    Poster #12 vicmel,I like your style.
    Another wasted review simply confirming what the general public of this island know already,so what is going to be done to change the system ?
    Im afraid turkeys and Christmas spring to mind and the status quo will be maintained.

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  18. 18
    catseyes

    Oh ,tell me the old, old story!

    The Ministerial Government isn’t working….did it ever? Added to that, now we have one member of it who hasn’t even been here for months coming back to say he can “fix it”

    If he couldn’t before and the toys were thrown out of the pram, how can it be different this time?

    Once, when this island was run by those people so successful that they didn’t need the inflated salaries we now pay the ministers, we had people with business sense running things and that is what made Jersey what it became, a highly successful island with a stable, sensible crew at the helm.

    Time marches on, much changes and we can only move forwards. My criticismns in no way apply to all in government here, but I do wonder if salaries offered mean that anyone who doesn’t fit in anywhere else is tempted to give one-upmanship a go. Call me sceptical but I do wonder if the motivation to enter the political arena here is sometimes not driven so much as by wondering what ” I can do for my island as by what the island can do for me” ?

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  19. 19
    Bean Bag

    It is generally agreed that Ministerial Government is not working, but when one considers the latest callibre of States members, what kind of opposition is there?, most of them are picking up £44,000 a year, and apart from the odd comment to make us realise that they are there, they are mostly innefectual and the so called Establishment are laughing at them.

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  20. 20
    Jerry

    18 catseyes – I sympathise with parts of what you say, but can’t buy the whole argument.

    Undoubtedly, in recent years, there have been politicians of very low ability, who couldn’t have dreamed of getting a similar salary out in the real world. Perhaps the electors could/should have been more discerning. Perhaps there is a Jersey tendency – reflected in many posts on this site – to support anyone who looks like a ‘stirrer’, regardless of ability or any other relevant factors.

    Also, the fact that there is a salary, which will be lost if that politician is not re-elected, must create some additional pressure for politicians to try to crowd-please rather than acting on principle.

    However, in the halcyon days you allude to, not all the people running things were ‘people with business sense’: Some were there just because they were scions of notable Parish families with a tradition of States membership – but who couldn’t be trusted with involvement in the family business – some because they rather fancied the status – and all of them, because they could afford to be there. As a result, Committees were often packed with ‘nodding heads’, with just one member – or even none – who would have actually read and understood the agenda for the meeting.

    And even if all those politicians in the ‘good old days’ had been talented and energetic, what then? Talent and energy are welcome, sure, as is business acumen – but was it really such a good thing that the Island was governed entirely by one class of people, leaving the concerns of 95% of the population entirely unrepresented? Was it healthy, that all the decisions – often commercially sensitive – were made by people who were either business colleagues, or business rivals, or ‘sleeping partners’ with nothing better to do?

    In the old days, we could have ‘any colour you like, so long as it’s black’. Nowadays, rather than complaining about the price, perhaps we need to learn to shop around more effectively, and look to get value for our money:)

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  21. 21
    John

    HOUSING Minister Terry Le Main was heavily criticised in the Royal Court yesterday for allegedly interfering in the prosecution of a property developer he had been friends with for years.
    Oh dear, I wonder how Bridget is going to defend this one on her radio show.

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  22. 22
    truthseeker

    And here we hace the other Terry..Le Main this time,trying to schmooze the powers of prosecution,,in favour of his pal..this is the old pals act ..showcased in all it’s dirty ungloriousness…and just the tip of the iceberg…an example of the endemic culture of this ilk..This “We do as we like ” thing has to be overthrown..and let’s gave the same rules for the man in the street as everyone else ..or else ALL laws are invalidand apply to no one…stand down that man if you have an ounce of honour…don’t hold your breath folks.

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  23. 23
    Jerry

    Interesting that the Le Main story should be held up as an example to prove the conspiracy-theorists right – when it actually demonstrates the opposite.

    If the ‘oligarchy’ in fact operated in the way it is claimed to do, with the judiciary operating in cahoots with the establishment, Senator Le Main would not have been criticised in open Court, and none of us would know anything about this story.

    That said – even though I am inclined to believe that Senator Le Main has behaved naively, rather than corruptly – yes, resignation is surely appropriate: The Senator, as Minister for Housing, cannot be seen to be attempting to block the prosecution, for a Housing Law infraction, of a friend, any more than the Treasury Minister could try to protect a friend from the consequences of a breach of taxation or finance laws, or the Planning Minister in the case of a breach of Planning Law.

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  24. 24
    BS Deluxe

    Terry Le Main should be forced down from public office as he has NO CREDIBILITY whatsoever. This is the HOUSING minister urging for his pal to escape the consequences for BREAKING the HOUSING LAWS which he himself was reposnible for.

    Terry….get your head out of the sand….he cannot be much of a friend to you if he has openly disrespected your own department in this way!

    For anyone out there who has been punished by these housing laws I would urge you to get Terry Le Main to write a letter on your behalf in the same way….if he doesn’t then get him to explain why and then SUE!

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  25. 25
    Bean

    Well what can I say, okay let me hang my self a little, once upon a blue moon, those elected had little to respond to politicly and spent much of their time helping out within the parish or helping others who needed their help within their working scope through the conections through industry. I through a mispent youth was helped by politicians pulling strings to “get me off” minor offences by several very prominant States members, Thankfully now, I would like to think I have repaid my chances given by the States menbers in living what society considers to be a good respectiful member of the public, I employe over 25 members of staff and had I not been “helped” who knows what may had become of a lad who to quote the teachers, would never make anything of his life, once a waster always a waster, if you are in need, get all the help you can, if people want to help you take it, ( dont abuse it) if in a position to help, use it, being elected is a privilaged position, dont waste it, its what makes the world go round, those of you who sit and critisise, if you were in need, and I mean in NEED, Please dont tell me you would not accept help if you needed it, even if it meant slightly bending the rules,Hypocrites? I think not, wait until you are in need, many of you do not even know the meaning of what the word need is. If you want a true story of a young lad in Jersey through 70`s to 1999 I can give you a full story, it would bring tears to your eyes and trust me I am a Jack the lad and know Jersey far better than most, I would say the the only help when needed came from politicians, it was as always, not what you know but who you know

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  26. 26
    Hewn from rock

    A lack of understanding by Jerry. It was not the judiciary which criticised the minister. It was counsel in the case. The attempt by the minister to influence the prosecution process was so unsophisticated that it was bound to come out. What does this show? Well it indicates that those involved in the case properly brought fairly obvious correspondence to the attention of the court. It also shows that the crude action of the Senator could not really be deemed corruption due to its unsophisticated nature. While it is true that “corruption” comes in all shapes and sizes, it is fair to say that most “corruption” is somewhat more covert and sophisticated than was the case here. That said, it was clearly an error of judgment.

    What is wrong with ministerial government? Unaccountability and an arrogant inclination to spurn any form of scrutiny. Too much power vested in onc person. No effective checks and balances. A flawed appointment process. As if to add weight to the cause, we see this week that the so-called council of ministers would like to block a freedom of information law. They cite the expense of any such law [even though other laws, usually involving finance are willingly sponsored]. We know, however, what is the real reason. It is secrecy, that hallmark of this most dangerous and undemocraitic ministerial system.

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  27. 27
    Jerry

    Sorry, Hewn (25), but no lack of understanding is involved, so the patronising tone of the reaction is unwarranted :)

    The correspondence involved was between Senator Le Main and the Attorney General – an office which is regularly lumped in, by the conspiracy-theorists, with the ‘judiciary’ who are supposed to be in-league-with/part-of the ‘oligarchy’. (I may not agree with the labels assigned by my opponents, but I am obliged, to some extent, to use those labels, if I want them to understand my counter-argument. But in any case, by tradition, today’s A-G is always tomorrow’s judge, so the ‘grouping’ is not unreasonable.)

    The A-G’s revelation of that correspondence clearly shows that that particular conspiracy does not exist.

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  28. 28
    David Rotherham

    The committee system gave almost all politicians a constructive role in government, larger or smaller according to ability. And they were enough of them in power to provide a relatively effective level of supervision over their civil servants.
    The ministerial system dumps a large number of conscientious politicians, who went in to do something positive, onto the sidelines, where they can only justify holding their office by raining down private propositions and sniping questions. And it leaves the rest with more power than they should be trusted with and too little contact with the lower levels of their departments.
    I wonder if we could reinstate the committee system? Soon, it will be too late, but for now there must still be enough politicians and mandarins with memories of how it worked to easily relaunch it.

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  29. 29
    Jerry

    28 David -

    The old Committee system certainly kept the less able politicians feeling happier, because they felt they were part of government, rather than being condemned to permanent opposition.

    Whether that system provided a more effective level of supervision over civil servants than is now provided, or could now be provided with a little good will on both sides – is open to argument.

    First, there was always a strong tendency, under the old system, for politicians to ‘go native’ soon after joining a Committee. There was inevitably a certain amount of pressure to behave like a ‘team player’; and Committees with a real dissident in their midst tended to have a pretty short life, mainly because the very existence of internal opposition – justified or not – tended to damage the Committee’s chances, when trying to take policy through the States. Failure to persuade the House on a policy matter, was generally swiftly followed by a no-confidence vote, and the demise of the Committee.

    Secondly, under the old system, the inclusion of relatively ungifted politicians on the Committee gave no guarantee of effective contact with the lower levels of Departments; and it was, ironically, always in those Departments which would have been most improved by such contact, that opposition to it, at senior civil service level, obstructed it most.

    Thirdly, civil servants and policy, under the old system, could generally only be challenged in the context of a States debate (whether policy or no-confidence). Now, with the Scrutiny Panels, there is nothing to prevent much more continuous, procedurally rigorous, challenge – nothing, that is, except the egos involved: If Scrutiny Members could stop thinking of themselves as the ‘opposition’, forever hungry for some juicy scandalous morsel to feed to the media/public in order to enhance their own reputations; and if Ministers would only learn to recognise that policy can only become stronger by being exposed to rational scrutiny – then the process of government, and the Island community, would gain immeasurably.

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  30. 30
    Hewn from Rock

    I didn’t mean to sound patronising, Jerry. That said, I still do not believe that you understand the position. You suggested in your post at 23 above that the critism of le Main would not have occurred if the judiciary was not fully above board. Again, one has to say that the critism of the Senator came from counsel. You go on to say at 27 that “The A-G’s revelation of that correspondence clearly shows that that particular conspiracy does not exist.”. Well, perhaps, but you have overlooked two things. Firstly, the prosecution duty to make disclosure and, secondly, the fact that le Main also wrote to the defence. So, even if the “judiciary” had wanted to stifle the matter, it would not have been able to.

    You go wrong as well when you state that “But in any case, by tradition, today’s A-G is always tomorrow’s judge, so the ‘grouping’ is not unreasonable.”. Well, this is worrying. According to you, judiciary and prosecution are one and the same thing; a disturbing prospect indeed. One thing does come out of your commentary, however; you highlight the fact that, in Jersey, the appointment of the bailiff and his deputy is a closed process. On that point we certainly agree. An appointments commission should be created in order to set aside this most unsavoury state of affairs.

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  31. 31
    Jerry

    30 Hewn -

    On your first paragraph, I’m sorry, but we’re never going to agree, since we appear to be arguing at cross-purposes. :)

    On the second, I’m afraid you’re twisting my words. At no stage did I say, or even suggest, that judiciary and prosecution are the same thing. What I did say, was that the conspiracy theorists tend to group the AG with the judiciary as part of one vast ‘controlling faction’ (a premise I have to bear in mind if I attempt to argue with them); and that today’s AG nearly always becomes tomorrow’s judge – a simple fact, which makes it understandable, and not wholly unreasonable, that they (not I) should have that grouping in their minds.

    Finally, having served on a number of appointments commissions, I’m afraid I don’t share your faith in their ability to necessarily make the wisest, or most ethically sound, decision. Quis custodiet custodies?

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  32. 32
    Hewn from Rock

    31 Jerry;
    the second paragraph of your post at 23 sets out your opinion that the judiciary were the ones who criticised the senator. Your words were exactly as follows, “If the ‘oligarchy’ in fact operated in the way it is claimed to do, with the judiciary operating in cahoots with the establishment, Senator Le Main would not have been criticised in open Court”. For the third time now, it was not the judiciary which criticised the senator. It was counsel. Both counsel had copy letters. The matter could not have been stifled even if the “judiciary” had wanted to do so.

    You go on at 27 to suggest that “conspiracy theorists” will try to group the law officers with the judges. You then adopt that argument by saying (your words again) that “But in any case, by tradition, today’s A-G is always tomorrow’s judge, so the ‘grouping’ is not unreasonable.)”. Now you are attempting to distance yourself from the comment.

    You then compound the matter by your subsequent assertion that an appointments commission would serve no useful purpose. You say that you have served on a number of such commissions [though by definition they could not have been commissions involved with the recruitment of local judiciary for there is none] and you cast doubt on the efficacy of such bodies. Well, this shows that perhaps the panels with which you were associated were of a poor quality; nothing more than that. What is worrying is that you cite this defeat as being supportive of the status quo, a position which sees unelected, powerful incumbents appointed by their peers. In the midst of such festering miasma, is it not true that any external and transparent body, no matter how undistinguished, would be better than what is presently the case? On the other hand, it would seem that perhaps your unflinching view [and I reply to your learned latin in kind] would be that rex non potest peccare.

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  33. 33
    Jerry

    32 Hewn -

    (wearily) I fail to see how you can translate, “If the ‘oligarchy’ in fact operated in the way it is claimed to do, with the judiciary operating in cahoots with the establishment, Senator Le Main would not have been criticised in open Court” into “the judiciary were the ones who criticised the senator” – unless you have simply decided that your wilful misinterpretation is somehow more valid than the words I actually used.

    I have not attempted to ‘distance myself’ from any previous comment. On each occasion, I have said, as clearly as I know how, that the conspiracy theorists tend to group the AG with the judiciary, and that this is a view which I can understand, and which has some rational basis – even though I don’t share that view. Again, you prefer your ‘translation’ to what I have actually said.

    As for appointments bodies – they are composed of humans, and humans are fallible. So it is not a matter of my believing that ‘the king’ (or anyone else) ‘can do no wrong’ – rather the reverse. I am not saying that in Jersey, all is for the best in the best of all possible worlds; what I am saying, is that there is no system which provides a cast-iron guarantee of correct decision-making.

    I fully expect you to post yet again, insisting that you know, better than I do, what my words mean; that is, of course, your right – but we really will ultimately have to agree to disagree: I simply do not share (and no amount of hectoring or twisting of my words will make me share :) ) your analysis of the situation, nor of my argument, nor of the best solution to any of the issues highlighted by this case – and therefore, no further reply will be forthcoming. :) I hope that, at least, is clear.

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  34. 34
    Latin Lover

    “Quis custodiet custodies” {which is misspelt at post 31) means, who guards the guards? Who indeed?

    Whoever uses the term clearly views the judiciary and other so-called authority figures as “guards”. Guards of what? I know that we need to have faith in those who are imposed upon us (like the ministers about whom this thread is supposed to be about) but isn’t it a little naive to depict these unelected and urguably self-serving figures in such an anachronistic, fawning supine, subordinate and altogether romantic way?

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  35. 35
    Cathy2

    #34

    Should’ve gone to SpecSavers? The Latin phrase in 31 is spelled right. And it’s very clearly a reference to an appointments commission.

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  36. 36
    Mac

    For all the Latinists: the phrase is both wrongly spelt and incomplete. The correct quotation is “Quis custodiet ipsos custodes” – translated as “who watches those who themselves keep watch”. It’s a quote from Juvenal and refers all the way back to Socrates and Plato.

    Here’s a thing. Plato’s Republic puts the question to Socrates, “Who will guard the guardians?” Plato’s answer to this is that they will guard themselves against themselves. The guardians must be told a “noble lie” that will assure them that they are better than those they serve and it is therefore their responsibility to guard and protect those lesser than themselves. It will instill in them a distaste for power or privilege; they will rule because they believe it right, not because they desire it.

    But this is Jersey. I suspect the number of States members who think Socrates is a philosopher rather than a Brazilian footballer – let alone the number who have actually read Plato’s Republic – can be counted on the fingers of one hand…

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  37. 37
    Hewn from Rock

    Specsavers! Ha ha, yes, quite right. I think the person at 33 needs to take himself a little less seriously as well! It is not a case of “up pompeii”, more a case of “up pompous!” :)

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  38. 38
    seeming cycle

    Jerry, you definately mentioned the view of some being that the judiciary were/are in cahoots. Your words have been quoted. A reproduction of the actual words written cannot be a misrepresentation or a “twisting” of words.

    You stated that, if the cited view were correct, the matter would not have come out. But it matters not whether the judiciary were in cahoots or not. It was the lawyers who brought up the matter. Have you read the report in the JEP? “res ipsa loquitur”; the thing speaks for itself.

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  39. 39
    Hewn from Dockleaf

    What were the words at 23? they were, “If the ‘oligarchy’ in fact operated in the way it is claimed to do, with the judiciary operating in cahoots with the establishment, Senator Le Main would not have been criticised in open Court, and none of us would know anything about this story.”

    This statement falls down becaase, even if the conspiracy theorists are correct, the followoing flaws in the statement are apparent. Firstly, the writer assumes that a “corrupt” judiciary would have been capable of hushing up the matter. No. The matter was brought to the attention of the court by the lawyers. This is not to be underestimated because it shows that independent counsel are important in a mature democracy. The writer now says that his hypothetical statement has been taken literally. Fair enough, except that he was quite clear in his statement that a “corrupt” judiciary would have hushed up the correpondence here which, in the given case, is quite clearly incorrect!

    Secondly, the writer assumes that Senator le Main to be an establishment figure; something which may or may not be correct. Either way, it is quite a step from that assumption to assert that, “none of us would know anything about this story.”

    The use of latin phrases are interesting. One would hope that they are tongue in cheek, because such a flourish of apparent learning is often used to bolster a poor argument. It might help things if the given phrases were spelt correctly ;)

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  40. 40
    res integra?

    I am not surprised if Jerry has had negative experiences of serving on an appointments commission. If the posts are anything to go by, any such panel must have had a very dogmatic and opinionated partial membership

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  41. 41
    Hewn from Rock

    * 37. Please adopt your own webname. I know that imitation is a form of flattery, but it will be rather confusing if there are to be two of us.

    Jerry’s posts and his wavering view remain very interesting and illuminative of a particular thought process, even if the subject matter is not overly relevant to that of ministerial government. One thing is for sure, however, the use of latin, which did appear rather, dare I say it, pompous at first instance is opening up into a valuable educational aside.

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  42. 42
    Jerry

    Omigahd! I interpolated an ‘i’! And I left out the Latin word for ‘themselves’!! In a quote which is generally not believed to be by Juvenal, but a later addition to the text. Horrendous. Frankly unforgiveable.

    Still, please do forgive me – I’m afraid I’m only a beginner at this typos business, and I couldn’t possibly hope to compete with much stronger efforts in the genre, like Latin Lover’s ‘urguably’ – very fine invention, really ‘quiet, quiet’ wonderful (as one of the Senatorial candidates would say) ;-)

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  43. 43
    Jaggered

    Should’ve gone to SpecSavers? Yes, but i wonder who, Cathy

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  44. 44
    Rogerham Mansions

    The words ” “If the ‘oligarchy’ in fact operated in the way it is claimed to do, with the judiciary operating in cahoots with the establishment, Senator Le Main would not have been criticised in open Court”. ” are self explanatory. If the judiciary were in cahoots with the establishment, the senator would not have been criticised…..except, it was the lawyers who brought up the correspondence.

    If the latter is what Jerry meant to allude to, the correct thing for him to have written would have been ““If the ‘oligarchy’ in fact operated in the way it is claimed to do, with the lawyers {not judicary, note, Jerry :) } operating in cahoots with the establishment, Senator Le Main would not have been criticised in open Court”.

    Surely that is the nub of the matter Jerry. Why otherwise try and deny something that is written in the plainest of terms!? :)

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  45. 45
    steps to high office

    Jerry, I believe that you would make a very good ministerial candidate. The qualifications for office seem to be dogma, an unfailing and sometimes deluded sense of self belief and importance, pomposity and the apparent ability to say something and then not “quiet” withdraw it because it has been “taken out of context”. Clearly, you are far cleverer and more learned than all of us mere mortals put together, even if there is some doubt as to the difference between counsel and judicary :) Your observation regarding Juval shows quite staggering intelligence and you also have the valuable ability to write something and then to be able to subsequently argue that you did not write it all. I think that the point of the “typographical errors” is that, if you want to look clever by quoting latin phrases, the illusion rather falls down if the phrase is spelt incorrectly and is not complete. Other “typos” are forgiveable, those relating to supposedly learned quotes perhaps not so.

    Roll on the elections. You might even get my vote! :)

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