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Ports of Jersey has hit back at what it claims to be "serious procedural, legal and factual issues" in a report which found a decision to suspend the Jersey Lifeboat Association from service after a collision nearly three years ago was "excessive, unjust and oppressive".
The organisation has said it will be issuing a "full and considered response" in response to the findings of the States Complaints Board, which relate to the handling of an incident involving one of the JLA's lifeboats.
The charity’s search-and-rescue activities were frozen by Ports of Jersey in December 2021, after its all-weather vessel Sir Max Aitken III hit rocks near Noirmont Point a month earlier while the crew was on its way to help a French yacht.
Although the JLA’s licence to operate was eventually reinstated in May 2023, the suspension came under heavy criticism from its former Chair – Ben Shenton – who argued there was “no legal or factual basis” to freeze either of its vessels.
Mr Shenton went on to raise the matter with the States Complaint Board – the group responsible for hearing complaints against public bodies – which has since described the suspension as “excessive, unjust and oppressive”.
Pictured: Former JLA chair Ben Shenton raised repeat concerns over the charity's suspension, which was resolved last year.
The board added: “Given that the suspension was based largely on a report commissioned without lawful authority, the board also finds that the suspension was based wholly or partly on a mistake of law, namely that the harbour authority had the power to investigate the accident rather than the minister.”
Among the board's more extreme concerns were the inclusion of witness statements as appendices to the draft (and final) report.
"The inclusion of the witness statements resulted in certain information being ‘leaked’ to the media, even though that content had absolutely no bearing on the accident investigation," Mr Crill said.
Ports of Jersey's report had mentioned that the coxswain had not taken a breathalyser test.
On this, the SCB's report observed: "The allegation that the JLA Coxswain had refused a breathalyser test was irrelevant in the context of the report given that: (a) there was no obligation on any member of the lifeboat crew to take such a test, (b) there was no agreed procedure for doing so and (c) there was absolutely no suggestion in the draft report that the consumption of alcohol had been a factor to any extent whatsoever in the accident.
"The Board considers that had the investigation been instigated by the Minister, as it should have been, it is most unlikely that any reference to alcohol consumption would have found its way into the appendices attached to the report."
However, the board also stated: “Whilst it is critical of the shortcomings in relation to the aftermath of the incident involving the Sir Max Aitken III, it acknowledges the progress that has been made, despite obvious and inevitable personal antipathies, to ensure the JLA remains a core asset in local search-and-rescue operations.”
Reacting to the findings, JLA Chairman Simon O’Donoghue said he was “not surprised” and argued that the report “vindicates a lot of the reasons we [the JLA] are here”.
However, he maintained that the charity had a “good working relationship” with Ports.
Pictured: The Jersey Lifeboat Association's ability to conduct search and rescue activities was suspended in 2021 but has since been reinstated.
Mr O’Donoghue continued: “It’s all history and, while we can learn from that history – and it’s important that we do – we also have to look to the future."
Mr Shenton said the findings report did provide some “closure” as far as the JLA was concerned, but added: “The Ports of Jersey board need to seriously look at the report and take action where necessary.”
In a statement, Chief Minister Lyndon Farnham said: “I would like to thank the States of Jersey Complaints Board for sharing their findings.
"We will carefully consider all the points and recommendations contained in the report.”
Pictured: Chief Minister Lyndon Farnham thanked the States Complaints Board for its findings, which he said would be considered "carefully".
Deputy Farnham continued: “I am pleased to note that good progress has been made to ensure that stronger relationships now exist between all of the organisations involved.
“I have personally visited the Jersey Lifeboat Association and have seen how professional, dedicated and skilled the team of managers and volunteers truly are.”
He added: “The findings state that the ‘JLA remains a core asset in local search-and-rescue operations’, and I am confident that Islanders are well protected in our coastal waters as a result.”
A Ports of Jersey spokesperson said they were made aware of the findings set out in the States Complaints Board Report on Monday evening.
“We, in conjunction with legal advisers and other stakeholders, have identified what we consider to be serious procedural, legal and factual issues with the report," they said.
"Requests for an opportunity to pause before publication were declined by the chair of the Complaints Board.
“We propose to issue a full and considered response in due course.”
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