A check on the powers of ministers
Thursday 28th October 2010, 3:00PM BST.
JERSEY has not had to suffer dictatorship since the end of the Second World War.
That might appear to be a difficult statement to rebut. But there are occasions in modern Island life when a person hands down judgments from above that are exceedingly difficult to challenge – though these situations obviously pale into insignificance compared with the ruthless oppression of the Occupation.
Since the implementation of our new system of government, all ministers can find themselves in the position of having to take important unilateral decisions. However, the Minister for Planning and Environment, Freddie Cohen, finds himself in this particular hot-seat more often than most.
Moreover, the decisions he hands down as the final arbiter in planning cases often have serious implications for individuals or commercial organisations as well as for the community as a whole.
To his credit, Senator Cohen is clearly very uneasy about the extent of the powers that are part and parcel of his portfolio. Indeed, he has pledged his support for a review of the Planning role which has been proposed by Deputy Roy Le Hérissier, who has pointed out that, as matters stand, a single individual is empowered to take decisions that can have ‘enormous financial implications – good or bad’.
Deputy Le Hérissier might go further. Ministerial dictat can ruin lives or compel Islanders to live with buildings that prove to be nothing less than blots on the landscape.
Senator Cohen’s willingness to co-operate with a review – which could be conducted by Privileges and Procedures – means that change is conceivable. It might even be likely, given that the Senator has already introduced machinery which involves others in the top level of deliberation. The role of the politicians who accompany him to ministerial hearings is in theory advisory, but, in effect, they share the load of decision-making.
Although there are special reasons to be concerned about the powers vested in the Minister for Planning and Environment, the broad principles involved have relevance to the ministerial system as a whole. With this in mind, it is possible that the specific issue raised by Deputy Le Hérissier will spur further efforts not only to spread the burden shouldered by all ministers, but also to make governmental structures less dependent on a handful of powerful people than is currently the case.
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