Guernsey deputy cleared of abuse of parliamentary privilege

It is understood the full report will be published in September before it is debated by the States

Deputy Gavin St Pier has been cleared of an abuse of parliamentary privilege.

The complaint related to a speech he made about safeguarding concerns in the local health service in April 2022.

In that speech Mr St Pier named Dr Sandie Bohin as one of the clinicians involved in an investigation into concerns - which found no wrongdoing.

The panel found by a majority of three to two that he had not abused parliamentary privilege.

Parliamentary or absolute privilege is a complete defence to any legal proceedings arising as a result of what is said or published. It confers protection even when the words are spoken or published maliciously, or when what is spoken or published would otherwise amount to a criminal offence.

Members of the States of Guernsey are given this immunity so they can air any matter, regardless of who or what is being discussed.

In the speech Mr St Pier talked about a formal investigation, which was referenced in the latest Responsible Officer report prepared by States Medical Director Dr Peter Rabey.

The investigation concluded there was no substantive concern upheld against the clinicians involved - but it did note that words of advice were given in relation to the concerns raised.

Mr St Pier asked for a Learning Report - that had also been produced - to be published.

In September he said the speech had lead to him being contacted by more families "with serious concerns about their children's healthcare and their families' treatment by some of the professionals involved".

He said there were "allegations of harm they and their families have suffered as a result of the behaviours found by the Learning Report to exist within our healthcare system".

It was the first time a Privileges Panel had been set up by the States of Guernsey to investigate a complaint.

Deputy John Gollop, Guernsey's longest serving current States member, was appointed to chair the panel by the bailiff.

Deputies Peter Ferbrache, Peter Roffey, David De Lisle and Lyndon Trott - being among the 10 longest serving deputies - were appointed as the rest of the panel.

It is understood the full report will be published in September before being debated by the States.

Mr St Pier told the BBC: "Unfortunately, I am unable to make any comment for the time being, simply because I am continuing to respect the request made of me by the Privileges Panel to treat the matter as confidential until they are in a position to submit their report to the States."

Analysis by BBC Guernsey political reporter John Fernandez

There were many within the States who believed this would be the method through which Deputy Gavin St Pier could be thrown out of the States.

Some said if the States suspended Deputy Chris Le Tissier for what they deemed was something more minor, then this could lead to an expulsion.

In this case, they've not got their wish - however, there will be an opportunity for the States to discuss the details of the case when the report is in front of the assembly.

The process throws up questions though. Why is there a need for two tandem processes? A States Code of Conduct panel is investigating complaints around the alleged abuse of parliamentary privilege as well. So why was a Privileges Panel needed? What more can they add?

These processes have dragged on, with the original complaints lodged almost a year ago - it brings into question the efficiency of these processes.

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