THE Environment Minister insulted an Islander who made a noise complaint against the department by failing to show up to a hearing on the matter, according to the head of the Complaints Panel.
Deputy Steve Luce has come under fire from Geoffrey Crill, who chairs the States Complaints Panel, amid a long-running row over noise and vibrations from two electricity substations at the bottom of Trinity Hill.
Islander Michelle Le Cornu lodged her complaint against the Environment Department, saying her life has been ruined by the persistent noise and has had a seriously detrimental effect on her health.
In a letter to the JEP, which is published in full on page 14, Mr Crill also refutes a claim by the minister that his department had “sought to engage” with the panel “in a constructive manner” in order to see improvements in its process.
Mr Crill says that there had been “absolutely no contact” with regard to the panel’s procedures, until the minister’s disengagement last week.
Deputy Luce declined to comment on Mr Crill’s letter.
The disagreement between the panel and Environment Department and its minister relates to a complaint made by Islander Michelle Le Cornu, who says her life has been “destroyed” by years of “unbearable” disturbance in her St Helier cottage due to interference from the nearby substations.
Mrs Le Cornu, who also has a letter published on page 14 today, says she made her official complaint to the panel on the advice of Infrastructure and Environment Department chief officer Andy Scate, following the approved process which the department has now withdrawn from.
The complaint was heard by the panel on Thursday 31 July, but in a statement issued beforehand, Deputy Luce said: “Due to concerns regarding the way in which the panel was conducted at the previous hearing, neither myself nor my officers shall be attending this hearing.”
He added: “We believe the panel continues to overstep the boundaries of its remit. We have sought to engage with the States Greffe and the Board in a constructive manner, in order to see improvements in this process for all concerned.
“Without clear standard published procedures to ensure the hearing remains focused on the facts and is conducted fairly for all parties, neither myself nor my officers will attend.”
In his letter today, Mr Crill argues that the minister has has “insulted the complainant, who was entitled to expect that the department would be represented at the hearing to respond to her complaint in person.”
He adds that “the minister’s boycott disrespects the statutory complaints process and the formal process which exists to respond to the findings and recommendations of a Complaints Board”.
In her letter, Mrs Le Cornu writes: “I have always had the greatest respect for Deputy Luce and am, therefore, very shocked, and indeed, hurt by his sudden decision to remove my previously assured entitlement to his consideration of my complaint.”
She added: “Deputy Luce was presented with corroborated evidence of what I claim was wrongdoing, some of which written by the very hand of those he deems to be under personal attack. If I can raise enough money to get a Royal Court Judicial Review, I will take up his recommendation, then he will have no choice but to offer an explanation.”
It is not the first time that the States Complaints Panel has drawn criticism from the Environment Department. In June, Mr Scate accused the panel of overstepping “the boundaries of its remit” and fallen short of “procedural fairness” in relation to an upheld complaint concerning medicinal cannabis cultivator Northern Leaf.
