Concern whether new laws comply with human rights

Deputy Rob Curgenven has asked a number of questions of the Committee for Housing

A politician has raised concerns about whether new laws around Guernsey's open market housing sector are compliant with human rights legislation.

Earlier this year the States approved new rules around the open market which would mean only new-builds or refurbished derelict homes would be eligible for open-market status.

Deputy Rob Curgenven has submitted a series of parliamentary questions to the Committee for Housing over concerns the new rules while apply retrospectively.

The Committee for Housing has "15 clear days" from when the questions were asked - on Tuesday - to reply.

Houses in Guernsey come under two distinct categories, local and open market.

Local market is only available to people who have a license, while open market properties can be lived in by anyone.

Curgenven said: "The legislation looks to apply retrospectively, that is not human rights compliant.

"In my personal opinion, it's not good governance or ethical either."

In his role as a member of the body that reviews legislation going before the States, Curgenven said he asked for legal advice from the island's law officers about whether the legislation complied with human rights laws.

"That was not forthcoming," he said.

"At this stage I won't be voting for it because I don't have the full information in front of me."

In his questions Curgenven has asked for clarity on whether the new law diminishes rights previously held under the 2016 law like the right to appeal decisions and the right to have appeals upheld under the law and policy in force at the time of application.

He also has sought to get clarity about an open market sale in 2023 by a private individual, which saw a house changed from local to open market and its alleged value increased by about £6m.