News

Badger and the rule book

Published

9 years ago

March 4, 2015

badger84image IT IS an important principle of public life, readers, that citizens have certainty as to the meaning of the law. Even in private law it is well-established, for example, that where there is ambiguity in the words of a contract then the interpretation of the contract — provided it can be rectified — must be in favour of the party upon whom the burden of performance falls under its terms. Similarly, even statute law can be put to the test that words bear their normal meaning in the event that the law, regulations or guidance given under powers devolved to public txxlies (like Pembrokeshire County Council) are unclear.

The Pembrokeshire Herald has had cause to look at the Council’s European Manager, Gwyn Evans, before. He is the senior officer who was disciplined for rewriting the report of a meeting to make himself and other officers appear in a favourable light. He is also the senior officer, who Badger knows from his pal Moley in Cardiff, has claimed to WEFO that this newspaper had apologized to him for misreporting what he said to the Audit Committee in January. it seems that when it comes to rewriting history, Mr Evans knows no bounds. We did not apologize.

Mr Evans’ words to the Audit Committee speak for themselves and any gloss he wants to put on them on the basis of semantics and an after-the-fact realization of his mistake in saying -categorically — the Audit Committee would find nothing wrong with the grants schemes he administered and for which his department had responsibility — is a matter for his conscience and his employer’s judgement. in the light of his subsequent conduct in seeking to manipulate a public record, perhaps the weight given to his words by usually supine and tame Cabinet members should be tempered. Mr Evans clearly does not believe that words carry their normal meaning.

Rather like Humpty Dumpty and Jamie Adams, he believes that a word means what he means it say, neither anything more nor anything less. As an illustration of the above point, Badger noted a few words on Old Grumpy’s website about Mr Evans’ approach to how language should be interpreted. Grumpy reported that Mr Evans’ interpretation of the English language shows that he uses a very special dictionary indeed.

For example, guidance he prepared reads: “The specification should be agreed PRIOR to the applicant obtaining quotations [my emphasis] in order to avoid the need for revision. It MUST be sufficiently detailed to enable a full understanding of the proposed works and the methods and materials to be used. This level of detail will help contractors to quote accurately and prevent problems and misunderstandings occurring when the work is in progress. “Conditions in the offer letter should only be used to adjust minor omissions or details of the proposal and should never be relied upon to make substantial adjustments to a specification, therefore the specification should be agreed & approved PRIOR to going out to tender [my emphasis]. 5.3 Submission and agreement of specification and plans.

(a) An itemised and detailed specification should be submitted at this stage. Plans should also be submitted if these are required e.g. to show the details of lost features to be reinstated. (

(b) Carefully assess the specification and establish which items are eligible and which are ineligible.

(c) Agree the itemised specification with the applicant/agent and ask them to seek at least three independent itemised quotations…” It was pointed out by ClIr Jacob Williams that the procedure adopted to manage the grants process did not match the procedure. He asked the Council’s Monitoring Officer, Lawrence “brown envelope” Harding to explain the Council’s failure to follow its own policy manual.

Climbing astride his high horse, Gwyn Evans told Councillors “I shall answer your e-mail because AS THE AUTHOR of the Commercial Property Grant Scheme Procedure Manual I KNOW Bk. I I kR THAN ANYONE how it should be interpreted.” Before going on to claim that the words: “(b) Carefully assess the specification and establish which items are eligible and which are ineligible.” And ”

(d) Agree the itemised specification with the applicant/agent and ask them to seek at least three independent itemised quotations…” didn’t mean that there should be agreement PRIOR to going out to tender as to what is ineligible and what is not. Mr Evans can only mean that the word “prior” does not mean “BEFORE”. Badger has checked his dictionary, Readers. “Prior” damn well does mean “before”. Its opposite is “subsequent” (or “after”). If Badger is right, readers, when Gwyn Evans uses the words “CAREFULLY ASSESS” he cannot mean “cautiously evaluate”. Those words must bear another and entirely separate meaning known only to Mr Evans.

What Badger does know is that there have been major and substantial revisions to works attracting grants. The guidance is supposed to avoid that. It has failed miserably to ensure that end and the failure begins and ends with the person responsible for it. if you claim the credit, you have to bear the blame. It follows, therefore, that there are three plausible or possible interpretations of the position Mr Evans has adopted. Either:
• Mr Evans used the word “PRIOR” when what he meant to write was “WHEN YOU AND ME FEEL LIKE IT”: or • Mr Evans does not know what the word “PRIOR” means; or • Mr Evans is possessed of such arrogant certainty
that he will never be challenged by councillors or other officers that he just winged it.
Badger is quick to point out that he does not for a minute believe Mr Evans is arrogant. Ignorance is quite bad enough. And so we go back to the beginning, readers. Citizens are entitled to expect certainty when dealing with public authorities. They should not be obliged to guess what passed through a council officer’s mind while he sat on the privy scribbling on his note pad. If you were tendering on the basis of the procedure manual and followed it you would be at a disadvantage, all because you do not possess Evans Sensory Perception: the ability to read the mind of an officer who evidently believes the rules of language and its construction do not apply to him.

News

Too many children in Wales living in poverty – Lib Dems want action

Published

23 hours ago

April 25, 2024

Tom Sinclair

THIS week in the Senedd, the Welsh Liberal Democrats renewed their demands for the implementation of child poverty targets.

According to a report from the Bevan foundation, 29% of children living in Wales are currently experiencing poverty (an estimated 190,000 children).

The same report highlighted that the largest percentage of children living in poverty are from working households or in couple households.

The Welsh Lib Dems are now renewing calls for the Welsh Government to create a set of targets for reducing child poverty, which the party argues will allow for more accountability.

The party has previously called for the implementation of targets, citing recommendations from the Calling Time on Child Poverty Report published in November last year.

Commenting, the Leader of the Welsh Liberal Democrats Jane Dodds MS said: “The latest statistics on childhood poverty in Wales paints a very distressing image of families across the country struggling to make ends meet.

Over the course of the last six years, the proportion of children in poverty has skyrocketed. Fuelled by worsening economic conditions and a complete lack of action from both governments in Westminster and Cardiff Bay.

We cannot act complacent about these figures nor accept the clear lack of progress in fighting child poverty, behind each statistic is a child that the state has failed.

It remains painfully clear that the Welsh Government is failing to make any meaningful progress in this fight, which is why they must follow through with the implementation of clear set targets that will allow for further accountability.

We as a party have continuously called for the creation of these targets and we will not be silenced. For the sake of future generations we urge the Welsh Government to listen.”

Crime

Welsh constabulary areas record another increase in shoplifting

Published

23 hours ago

April 25, 2024

Tom Sinclair

RETAIL trade union Usdaw is deeply concerned by today’s police recorded crime statistics showing that in 2023 there were significant increases in shoplifting across all constabulary areas in Wales. In the whole of England and Wales there has been a persistent upward trend since the pandemic, which continued with a 37% increase and has now risen to the highest level in 20 years.

The Office for National Statistics released figures showing a 39% increase in shoplifting incidents across Wales and by constabulary area as follows:

Dyfed-Powys +11%
Gwent +47%
North Wales +23%
South Wales +51%

Usdaw’s 2023 annual survey of over 5,500 shopworkers found that 60% had suffered incidents of violence, threats and abuse that were triggered by shoplifting and armed robbery.

Paddy Lillis, Usdaw General Secretary says: “Shoplifting is not a victimless crime, theft from shops has long been a major flashpoint for violence and abuse against shopworkers. Having to deal with repeated and persistent shoplifters can cause issues beyond the theft itself like anxiety, fear and in some cases physical harm to retail workers. This 39% increase in shoplifting across Wales is further evidence that we are facing an epidemic of retail crime, which is hugely concerning.

“Our members have reported that they are often faced with hardened career criminals in the stores and we know that retail workers are much more likely to be abused by those who are stealing to sell goods on. Our latest survey results show that 7 in 10 retail workers suffered abuse from customers, with far too many experiencing threats and violence. 60% of respondents said theft from shops and armed robbery were triggers for these incidents.

“The scale of assaults, abuse and threats towards shopworkers and extent of the retail crime epidemic has been a disgrace for many years. This has been made worse by police cuts and a failure to legislate to protect retail staff. Usdaw has long called for action that includes a standalone offence for assaulting a shopworker and that has been vehemently opposed by this Government and their Conservative MPs on many occasions.

“Recently the Government performed a long overdue U-turn after many years of sustained campaigning by Usdaw and others. Our members have had to wait too long for their voices to be heard and common sense to prevail. We will have to see the detail of what Ministers are proposing and we are clear that it must be at least what we won in Scotland three years ago. It also cannot fall short of Labour’s commitments to 13,000 more uniformed officers, patrols on high streets, banning repeat offenders and ending the perverse £200 threshold for prosecuting shoplifters.

“The dither and delay by this Government on this issue over many years, has led to thousands of shopworkers needlessly suffering physical and mental injury. Today’s stats should ensure that their promise to legislate is done speedily. We hope that whatever the Government is proposing will be substantial and effective in giving shopworkers, key workers in every community, the respect that they have long deserved and regrettably too often do not receive.”

Business

Paramount’s key role in transformation of McArthurGlen Designer Outlet

Published

24 hours ago

April 25, 2024

Tom Sinclair

FAST-growing Welsh company Paramount is relishing the challenge of creating an “irresistible dining destination” after winning the contract to play a key role in the multi-million transformation of the McArthurGlen Designer Outlet Bridgend.

The Cardiff-based design, build, fit-out and refurbishment specialist will spearhead the re-development project of the shopping centre after being handed responsibility for revamping its popular food court over the summer.

In the coming months, the development will see the Food Court transformed into three modern, and bright restaurants, welcoming new food and beverage brands to the centre and creating more than 100 new job opportunities for the local community.

Paramount’s Construction Director, Paul Thomas, said: “The team behind the scenes at McArthurGlen Designer Outlet Bridgend have fantastic plans for the future and we’re delighted to have been entrusted with the mission to help turn their exciting vision into a reality.

“Paramount prides itself on creating places where people want to be, and my team are relishing the opportunity to help create what will be an irresistible dining destination. It’s certain to be a complex project, but we have the expertise and local knowledge to deliver outstanding results in close collaboration with our project partners.”

The owners of the shopping centre, which has been attracting local people and visitors for more than 25 years, have promised a “substantial investment to redevelop the Food Court area and replace it with new and exciting restaurants”.

Now the Paramount team is ready to lay the groundwork by removing some existing structures around the Food Court and will then introduce a series of new features as part of the overall facelift. These include new glazed entrance doors within glazed curtain walling shopfront, render and a new entrance lobby with new stairs and lifts.

The work to completely develop the Food Court in the shopping centre starts this week, and is expected to be completed in late autumn. As a result, customer favourites including Nando’s, McDonald’s and Chopsticks will be closed while work is under way.

Patrick Finney, Head of European Construction, McArthurGlen Group, said: “After celebrating our 25th anniversary last year, we’re extremely pleased to welcome Paramount on board in this important step of revitalising the Food Court area.

“These are exciting times for everyone at one of South Wales’ best-loved retail complexes and we know Paramount will work closely with us to create a truly special place for diners and shoppers of all ages.”

Paramount, whose turnover reached £45 million in 2023, employs 60 people who own a majority shareholding of the business – 51 per cent – following completion of an Employee Ownership Trust (EOT) scheme in 2021, a deal which marked a major milestone for Paramount after a period of sustained growth.

The company is well known across Wales and England where it has created high-quality inspirational space for a number of leading companies. These include the multi-million-pound redevelopment of Hodge House and Fusion Point One in central Cardiff, and the fit out of Par 59 bars in South Wales and South West.

Over the next few months, Paramount’s construction team will also be completing on a multi-million-pound social housing development in Porthcawl, Mid-Glamorgan with Valleys to Coast.