THE suspension of one of Jersey's most recognisable politicians is a "positive step" to restoring public confidence in the States Assembly, the chair of the committee which upholds Members' standards has said.
Deputy Philip Ozouf's political future was in the balance yesterday the Assembly dramatically voted to suspend him without pay for 28 days following his conviction earlier this year for motoring offences.
The former Treasury and External Relations Minister was ordered to leave the Assembly just before the lunch adjournment of yesterday's sitting after 29 Members voted in favour of his suspension - with 17 votes against and three abstentions.
He was reported to be deeply upset by the decision taken by the Assembly and left the building via one of the Chamber's side exits.
The Privileges and Procedures Committee, which is responsible for the Members' Code of Conduct, had recommended the sanction against the former Treasury and External Relations Minister after deeming his behaviour had fallen well below expectations for elected officials.
And speaking after the conclusion of the debate, PPC chair Deputy Steve Ahier admitted that he expected the vote to be closer but that he hoped the move would begin to restore public trust in the Assembly and showed Members recognised the importance of upholding behaviour befitting elected officials.
He said: "Having asked politicians about whether they would support the proposition, I thought it would be far closer. I'm happy with the outcome - it's been a democratic process and concluded with a democratic vote."
Deputy Ahier admitted that the debate had created an "awful environment" in the Assembly and was likely to have damaged public confidence in the political process.
"The public must be thinking what a terrible state of affairs this is, but I believe we have taken a positive step to rebuild trust in the Assembly," he said.
Politicians spent most of yesterday morning debating whether the St Saviour representative - who was first elected to the Assembly in 1999 - should be suspended from the Chamber after he was convicted in the Magistrate's Court for speeding and failing to display a valid insurance disc earlier this year.
Deputy Ozouf admitted the offences and was fined £575.
This was after he had failed to attend a parish hall inquiry on three separate occasions - prompting his summons to Magistrate's Court - which PPC Chair Deputy Steve Ahier argued showed a lack of respect for the judicial process.
The Commissioner for Standards subsequently published a report which found that Deputy Ozouf's actions "did not meet the standards of leadership, integrity, and accountability expected of those holding public office".
In opening the debate, Deputy Ahier said: "This debate is not just about Deputy Ozouf. It is about us as an Assembly and whether we take breaches of the Code of Conduct seriously."
He added that Deputy Ozouf's behaviour had amounted to breaches relating to public duty, personal conduct, a conflict between public and private interest and maintaining the integrity of the States.
Islanders "do not expect us to be breaking the laws that we ourselves have made", said Deputy Ahier.
"PPC is not seeking to make an example of Deputy Ozouf. This is not a personal vendetta against him," the PPC chair added.
"We have listened to the public and they have expressed incredulity that Deputy Ozouf has ignored not just the rules which apply to all Islanders but also the rules which apply to him as an elected Members of this Assembly.
"I am sorry that on that occasion I was speeding. It was a lapse of judgement."
Deputy Philip Ozouf
Deputy Ozouf said that he was "immensely embarrassed" that the Assembly's time was being taken up by discussion around his behaviour. He apologised to the Assembly and said it was "up to Members whether or not they think the explanations or mitigations I have given is sufficient or not to deal with the most severe sanction".
On Monday evening, Deputy Ozouf had given a statement to Members in which he outlined the difficult personal circumstances he was dealing with at the time of his offending and his diagnosis with ADHD.
Several Members rose in support of the former minister, including Deputy Sir Philip Bailhache - a former Bailiff - who said that Deputy Ozouf was under no obligation to attend a parish hall inquiry, and so any suggested that failing to do represented a disregard for the judicial process was incorrect.
"It is a courtesy to response to a request to attend a parish hall inquiry," Deputy Bailhache said. "Deputy Ozouf displayed discourtesy in not responding to that but discourtesy is hardly a suspension offence. If it were, this Assembly would be very sparsely populated."
He added that he felt suspending Deputy Ozouf was disproportionate and suggested PPC should instead have issued a formal reprimand.
However, as the debate progressed, several Members spoke to argue in favour of suspension, while Chief Minister Lyndon Farnham suggested that Deputy Ozouf should "consider stepping down in order to focus on his fully on himself and his wellbeing".
Home Affairs Mary Le Hegarat also said that it was wrong for some Members to characterise Deputy Ozouf's conduct as being a relatively minor speeding offence. She said: "We seem to be making light of the fact that this was a speeding offence which was double the speed limit. This is one of the 'Fatal Five' in the Policing Plan 2025-28."
Deputy Ozouf, who was allowed to give the final speech of the debate before the vote was taken, acknowledged his conduct had fallen short of expectations.
"If this is a way that I can send out a clear message that the code of the road and the code that we should not speed then I absolutely agree.
"I fell short on that morning. I know that road - I know exactly where the green lane starts and stops," he said.
"I am sorry that on that occasion I was speeding. It was a lapse of judgement."
Deputy Ozouf will be suspended until Tuesday 7 October, meaning he will miss the rest of this week's sitting as well as the one scheduled to begin on Tuesday 30 September.
St Helier Constable Simon Crowcroft: "We are learning about the importance of mental health in our society. It does seem to me that there is a real issue here around the mental health of a Member and I think it is absolutely wrong to be pursuing this."
Chief Minister Lyndon Farnham: "It is right to acknowledge that Deputy Ozouf's conduct has fallen short of the high standards of behaviour that this Assembly and the public is entitled to expect from their elected representatives. With that in mind, I believe it would be right for the Deputy to reflect carefully on his own health, on his position, and consider whether stepping down in order to focus fully on himself and his wellbeing may be the best course of action for this Assembly. Of course, I say that while keeping in mind that the ultimate sanction for this Assembly is at the ballot box."
External Relations Minister Ian Gorst: "What makes Jersey great is that in its functions and in its systems, it can be, and is, proportionate. It is understanding. The whole of the parish system, whatever the rights and wrongs of this case, is based on giving people a second chance."
Deputy Jonathan Renouf: "I note that the Deputy only apologised to the Assembly after an investigation was opened. I think the Member should not be surprised that the timing of his first apology a few days after the Commissioner [for standards] had opened an investigation invites the interpretation - rightly or wrongly - that the apology to this Assembly and his parishioners, however genuine, was also a response to extreme political jeopardy."
Deputy Carina Alves: "One thing that doesn't seem to have been mentioned is that we are law-makers. That is our primary role as politicians to make the laws and as such, I feel it is vitally important that we lead by example and that we follow those laws and the processes associated. When those laws are broken, quite frankly we make a mockery of the system and ourselves. It is not one rule for us and another for the public."
Deputy Malcolm Ferey: "The only guiding balance is public perception - what the public expect is going to happen today - and I think, on balance, we have arrived at the right action in PPC and I am sure many Members will wrestle with this decision but I think when I take everything into account, my view is that I will be voting for the proposition."
Pour: Deputies: Ahier, Alves, Coles, C Curtis, A Curtis, Doublet, Farnham, Feltham, Ferey, Gardiner, Jeune, Kovacs, Le Hegarat, Mézec, Miles, Millar, Porée, Renouf, Southern, Stephenson, Tadier, R Ward and B Ward. Constables: Honeycombe, Jackson, Jehan, Labey, Shenton-Stone and Troy. (29)
Contre: Deputies: Andrews, Bailhache, R Binet, T Binet, Gorst, Howell, Labey, Moore, Morel, Scott, Warr and Wilson. Constables: Crowcroft, Johnson, Lewis, Mezbourian and Vibert. (17)
Abstained: Deputies: Luce and Ozouf. Constable Le Sueur. (3)
A MOTION to hold the debate in private was swiftly withdrawn after Deputy Ozouf himself requested the matter be held publicly.
Economic Development Minister Kirsten Morel had suggested, before the bulk of the debate started, that given references were likely to be made to the mental health and wellbeing of Deputy Ozouf that the matter should be held in camera.
However, while thanking Deputy Morel for his concern, Deputy Ozouf insisted that the matter was one which should be held publicly.
He said it would not be right for the public to be made aware of the outcome of the debate without knowing the arguments for or against.
"Not to deal with this in public will, I don't think, strengthen public opinion," Deputy Ozouf said. "I think transparency and openness is what we need and, as uncomfortable as it is, as important as it is, I think it must be in public.
"We are here to serve people and they deserve to hear. I will be OK."
Deputy Morel swiftly sought leave of the Assembly to withdraw his motion, which was accepted overwhelmingly by Members.
IT is not uncommon for the States Assembly to host uncomfortable and unedifying debates.
A proposition in 2023 which saw Deputy Geoff Southern ousted as chair of the Health and Social Services Scrutiny Panel springs to mind, while there have been several no-confidence motions which have left a more than sour taste in the mouth.
However, yesterday's debate on whether to suspend Deputy Philip Ozouf was certainly tense.
The grim faces around the Chamber and the nervy looks between politicians suggested no one in the Chamber really wanted the debate to be taking place - even if many in there felt it was necessary to set a yardstick against which States Members' behaviour ought to be judged.
Credit should go to Deputy Ozouf for arguing in favour of holding it publicly. It would have been an affront to the principles of openness and transparency had the matter been allowed to be held behind closed doors.
The substantial margin of the final vote suggests that some Members were swayed by other speakers.
The opening gambits seemed to be falling the way of the former Treasury and External Relations Minister, with Deputies Bailhache and Constables Kevin Lewis and Simon Crowcroft rising to say they would not be supporting the motion.
Indeed, Mr Crowcroft indicated that he wanted to draw a swift conclusion to the debate and suggested that he might wish to call for it to be ended after the required ten speakers but this did not materialise.
Treasury Minister Elaine Millar said it was a "humiliating and inhumane spectacle", which was not an unfair description. She ultimately supported Deputy Ozouf's suspension, while
Infrastructure Minister Andy Jehan said he regretted not bringing an amendment which might have reduced the severity of the sanction.
In truth, no one - not even Deputy Ozouf - disputed that his conduct had fallen short of the expectations Islanders have for elected Members.
The debate essentially boiled down to whether the punishment proposed fitted the crime. Deputy Ozouf, as some pointed out, had already been punished in court for his actions, had apologised in the Chamber and was now being tried again by his peers.
The majority that ultimately won out believed that a four-week suspension was appropriate.
Given his stature in the political sphere and some of his past controversies, there could easily have been people lining up to stick the boot in and gleefully celebrate his suspension.