Showing posts with label tribunal. Show all posts
Showing posts with label tribunal. Show all posts

Tuesday, 8 January 2013

More information - who needs to know....?

The New Year had started promisingly on the information front.
Not only did we have assurances that information about Court hearings would be put on the Internet – along with details of other tribunals – but other reforms were also to be implemented.

Most important was that the Judicial Greffe issued to us a list of Social Security and Employment Tribunal hearing planned for January 2013.

These are supposed to be public hearings but details have never previously been published beforehand – making it virtually impossible for the public or the press to attend and report on what happens.

Obviously, as with all tribunals and court hearing, it is not only important that justice is done but it must be seen (and heard) to be done.
True justice cannot be delivered in secret.

Obviously there are some matters which parties might prefer to keep confidential in any dispute that goes before a court or tribunal and some cases with regard to children are especially sensitive. But just because a litigant might not want to have their details made public – this is not a reason to hold hearings in secret as a general rule.

Social Security matters are of course especially sensitive for some people but this is usually about the administration of public funds or facilities and the need for the general public to know that such matters are handled properly is especially important.

It is also important that other applicants for Social Security benefits (such as Income Support) can know how other people have been treated. It is most important that the precedents of previous decisions are published and constantly monitored to ensure that fairness runs throughout the system for all.

What’s fit for the goose is fit for the gander etc….

So we ( two members of the public including this SSTAG supporter) duly attended at the Jersey Employment Tribunal offices (1st floor behind the Ann Summers shop in Bath Street) at 1.45pm in time (as advised in advance) for the Social Security Public hearing scheduled for 2.00pm on Monday 7 January.
We had e-mailed to confirm that we intended to attend

This was to be the first SS hearing so far as we know to be actually held “in public”.

The named applicant (a wheelchair user who we call Mrs X) her husband and Deputy Rod Bryans arrived in the meeting room at about 2.10pm and the Chairperson Advocate E. Miller introduced everybody present. Her panel consisted of a Mr Moullin and Doctor Loane.
There were two officers from the Social Security Department seated at a desk plus another seated in the public seats along with yours truly.

Unfortunately, the Chair then advised us that since the applicant wanted to raise personal matters she would prefer that members of the public were not present. Without any discussion on this point we the (two) members of the general public (and/or SSTAG) were then requested to leave - which we did.

Before departing I suggested to the Chair that such a decision should at least have been canvassed in advance so as to avoid wasting public time. Also that it seems to be a matter that needs a more thought out policy and that details of the eventual hearing and decision should be published in the public interest.
This is another matter previously raised.

Deputy Bryans said nothing.

We have contacted the Assistant Judicial Greffier following this experience and await her promised e-mail response. We will publish further details here.

Today, Tuesday 8 January, an Employment Tribunal Hearing is taking place in the same venue from 9.30am re Sonia Seijas v Planet Catering.
This is open to the public as such Employment hearings generally are (though not advertised) and we will report on any interesting matters that arise in due course.

So one step forward and one back on the information front and anybody wanting to have some of the mysteries of the Social Security Department bureaucracy revealed must wait a bit longer….
Perhaps a States Member will ask a few questions?