Guernsey's Chief Minister to avoid questions over 'Farmhouse-gate'

Wednesday 08 September 2021

Guernsey’s Chief Minister will not have to face questions in the today's States Assembly about his involvement in what has now been dubbed ‘Farmhouse-gate’ after the Bailiff ruled them out due to an ongoing criminal investigation.

Former Chief Minister Deputy Gavin St. Pier submitted formal questions last week asking what advice Deputy Peter Ferbrache, gave his friend and client, Farmhouse Hotel Managing Director David Nussbaumer, in May this year.

It follows an alleged isolation breach at the Farmhouse Hotel involving two employees - which was described by Mr Nussbaumer as being "extremely serious" in leaked emails - but was not reported to the island's border authority at the time. 

However, Deputy St. Pier's  questions - which were designed to get answers from Deputy Ferbrache about his involvement - have been omitted from the States agenda for this week's debate.

Pictured: Deputy St. Pier submitted the following questions a week ago.

A decision to strike out questions cannot be made at a political level, it must come from the Presiding Officer - in this case, the Bailiff.

Express asked the Bailiff, Richard McMahon, why he chose not to allow the questions in today’s States Assembly and was told that this was because there are "extant criminal proceedings" that are related to the issues raised.

Deputy St. Pier noted that Deputy Ferbrache has already, publicly, said that he would not answer the questions before the Bailiff's intervention. 

“Whilst the Chair had indicated he didn’t intend to respond to my questions, fortunately and rightly, it is not a matter for him to decide,” said Deputy St. Pier yesterday. 

“Under the States’ rules, that decision rests with the Bailiff as Presiding Officer. Rule 15 provides that the Presiding Officer may “on the ground of public interest, decline to allow a question to be put."

He added: "I can’t recall during my time in the States this rule previously being invoked, but given the expanding nature of the debacle, the Presiding Officer has clearly now decided not to allow the questions in light of the ongoing criminal investigation.  

 “Whilst understandable, I think it is regrettable."

Pictured: “The standards of behaviour expected from all elected representatives everywhere are rightly, very high – and the public expect us all to be held to account,” said Deputy St Pier.

In the leaked 'Farmhouse-gate' emails, Mr Nussbaumer said he had contacted his close friend and lawyer, Deputy Ferbrache, for advice.

According to Mr Nussbaumer's emails, Deputy Ferbrache initially said the potential breach should be reported to the Guernsey Border Agency, before suggesting there was "sufficient leeway" not to do so after being asked by the hotelier to reconsider, in light of the potential cost to his business. 

Deputy Ferbrache has since denied any recollection of the conversation, while Mr Nussbaumer has subsequently said he was simply trying to "frighten" the employee by referencing his Advocate. That employee has since been charged with breaching self-isolation requirements along with a second defendant.

Deputy St. Pier has argued that more clarity on the situation is much-needed, given the high level of public interest.

Deputy Ferbrache heads up the emergency decision-making committee that makes the covid rules that everyone in the Bailiwick has to adhere to - or else be punished by law. 

He added: “It is also worth remembering that the political standard of proof is somewhat different from the legal standard of proof – ‘beyond reasonable doubt’.  

“Bailiwick Law Enforcement may never find a smoking gun that provides a link beyond reasonable doubt for the inexplicable coincidences, even though the gun smoke is thick around us."

Following another email leak this week - in which Mr Nussbaumer emailed staff "in strict confidence" on 23 February about the "Guernsey Strategy as it stands" - there have been further calls for independent scrutiny, given that two of the three instructions to staff about the island's blueprint for moving out of lockdown turned out to be correct. 

“The public are not stupid and given the implausible explanations, they think they know what happened," said Deputy St. Pier.

"It is in everyone’s interests and for confidence in our governance and those governing us, that we have a rapid, external, independent investigation."