Le Tocq admits guilt: What comes next?

Jonathan Le Tocq, the former Chief Minister of Guernsey, has confessed to producing thousands of indecent images involving children. He is scheduled for sentencing at a later date, and his admission to all 15 charges on Thursday is expected to result in his removal from the States of Guernsey.

At present, Le Tocq continues to hold his position as a member of the States, earning an annual salary of 49,151. There are several procedures through which he could be expelled.

The States of Guernsey consists of 40 members, including 38 deputies from Guernsey and two representatives from Alderney, responsible for governing the island except in matters of defense and foreign policy.

Legal Process for Removal

According to Article 17 of the Reform Law, law officers can propose to the Royal Court that a deputy be removed from office. This is expected to occur after Le Tocqs sentencing in January. A deputy may be removed if sentenced to six months or more in prison, or if they fail to carry out their duties for 12 consecutive months, such as missing all States meetings. Le Tocq last attended a States meeting in early July.

The final decision to remove a deputy is made by the Bailiff, who is the monarch-appointed chief citizen, a judge, and the presiding officer of the States.

Role of the States Code of Conduct

Deputies are bound by the States code of conduct, overseen until recently by a pan-island commissioner for standards. Dr. Melissa McCullough resigned from this position on 27 November, following a dispute over a recommendation to suspend Deputy Gavin St Pier.

Violations of the code can result in suspension, which must be debated and approved by States members. For example, Deputy Chris Le Tissier was suspended for a year after admitting to trolling others under a pseudonym online, despite a panel recommending expulsion.

Resignation Procedures

Deputies can submit proposals to resign, which can be debated by the States and either approved, rejected, or withdrawn by the presiding officer. Past examples include Deputy Andy Taylor, who initially resigned as vice-president of the Development and Planning Authority but later reversed his decision, and Deputy Jayne Ozanne, who resigned from the Committee for Education, Sport and Culture before being replaced.

Implications of Removal

Should Le Tocq be expelled, it would trigger the first by-election since Guernsey moved to island-wide elections in 2020. The estimated cost of such a by-election is around 500,000. Proposals to limit elections to situations with at least three vacancies were not supported at the start of the current political term. The last by-election occurred in 2016 following the death of Deputy Dave Jones, won by Deputy Neil Inder.

By-election proposals must be submitted to the States and approved by deputies before a date can be set.

Author: Olivia Parker