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​Carwyn in crisis after Millar’s statement​

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​​Carwyn Jones: Left Chamber before Darren Millar's statement

A WAR of words has broken out between First Minister Carwyn Jones and former Cabinet member Leighton Andrews about allegations that a report into bullying was made by Mr Andrews to the First Minister as long ago as 2014 and that one of the AMs he reported as being a target of adverse briefing was the late Alyn & Deeside AM Carl Sargeant.

Mr Sargeant died in November this year after being dismissed from his Cabinet post.

He was sacked from his post on the basis of allegations about his behaviour that were never put to him.

The First Minister finds himself exposed on the issue, after making a series of pious announcements about how the Welsh Assembly would not cover up allegations of bullying and inappropriate behaviour following a series of allegations about the conduct of senior figures at Westminster.

That position has been progressively unpicked by Mr Andrews in a number of tweets, blog posts and very few media interviews.

And in the Welsh Assembly on Tuesday ​(​Dec 12​)​, Mr Jones’ position was left even more exposed by a dramatic personal statement by Conservative AM Darren Millar.

Mr Millar revealed that when he asked the First Minister questions about bullying in the Welsh Government in 2014, he did so at Mr Sargeant’s request and timed the questions to coincide with Mr Sargeant telling him that a formal complaint of bullying had been made against a special advisor (SPAD) to the Welsh Government.

Mr Jones was not in the Senedd to hear Mr Millar’s statement, having left after fielding First Minister’s questions.

TWO ISSUES UNRAVELLED

The issue of the First Minister’s treatment of Carl Sargeant and the latter’s death have become intertwined with a second issue, namely whether or not the First Minister misled the Assembly when he said – three years ago – no allegations of bullying had been made to him about the conduct of either special advisers or specialist advisers.

This article sets out the way in which both issues wind around themselves and why Carwyn Jones finds himself in jeopardy.

There are currently three investigations ongoing that affect the First Minister directly and indirectly. A further investigation – into allegations made against Carl Sargeant – has been discontinued.

The first investigation is into the way Mr Jones investigated allegations against Mr Sargeant; the second is into whether he misled AMs; the final one is the investigation by HM Coroner into Carl Sargeant’s death. Any one of the outcomes of those investigations have the potential to end Mr Jones’ career in ignominy.

While each of those investigations are hazardous to the First Minister’s political health, if Mr Jones is found to have breached the Ministerial Code of Conduct, there is no way for him to ride out the ensuing storm.

WHAT IS THE MINISTERIAL CODE?

‘Ministers are expected to behave according to the highest standards of constitutional and personal conduct in the performance of their duties’.

The ministerial Code, issued by the First Minister, provides guidance to ministers on how they should act and arrange their affairs in order to uphold these standards. In particular, they are expected to observe the 7 principles of public life and the principles of ministerial conduct. The code applies to Cabinet Secretaries, Ministers and the Counsel General.

WHAT DOES THE CODE SAY?

‘It is of paramount importance that Ministers give accurate and truthful information to the Assembly, correcting any inadvertent error at the earliest opportunity. Ministers who knowingly mislead the Assembly will be expected to offer their resignation to the First Minister.

‘In particular, the First Minister may also refer matters concerning himself to an Independent Adviser’.

WHY IS CARWYN JONES IN DIFFICULTIES?

In November 2014, Darren Millar AM submitted a Written Assembly Question to the First Minister asking: ‘Has the First Minister ever received any reports or been made aware of any allegations of bullying by special and/or specialist advisers at any time in the past three years and, if so, when and what action, if any, was taken?’

Mr Jones’ answer could not have been more unequivocal: ‘No allegations have been made’.

WHAT IS CARWYN JONES ALLEGED TO HAVE DONE?

Mr Jones’ version of events has been challenged by his former Cabinet colleague Leighton Andrews.

Leighton Andrews says: ‘I made a complaint to the First Minister about one aspect of [deliberate personal undermining of Carl Sargeant], of which I had direct evidence, in the autumn of 2014. An informal investigation was undertaken. I then asked for it to be made formal. I was told it would be. I was never shown the outcome. There was no due process’.

Mr Jones has maintained that no allegations were made, sparking a war of words between himself and Mr Andrews. At First Minister’s questions on December 5, Carwyn Jones came perilously close to calling his former colleague a liar. Mr Andrews responded by publishing a more detailed account of events and invited the First Minister to repeat what he had said in the Senedd without the benefit of Parliamentary Privilege to protect him from legal action.

Mr Jones has, so far, declined Mr Andrews’ invitation.

Now, fuel has been thrown onto the smoking embers under the First Minister.

In a devastating Personal Statement in the Senedd ​thisTuesday, the Conservative AM Darren Millar revealed that not only had he been asked by the late Carl Sargeant to ask the November 2014 question, but also that Mr Sargeant asked him to delay asking the question until AFTER an allegation of bullying was made to the First Minister against a named SPAD. By way of corroboration, Mr Millar revealed that he had discussed the matter during October and November 2014 with the Conservative Chief Whip, Paul Davies. Mr Millar also said that other AMs were aware of what was going on.

CARWYN’S DILEMMA

The First Minister’s answer can only be read compatibly with the accounts given by Mr Millar and Mr Andrews if he can claim either that he did not understand the question at the time, or that the question was phrased so as to make his answer entirely truthful without it being in anyway accurate. Mr Jones has suggested that what he calls his ‘lawyerly way’ might have led him into answering the question the way he did, but he has rather undone that suggestion by his subsequent comments attacking others’ accounts.

If the answer cannot be read compatibly with the accounts of his fellow AMs – and it is a significant verbal stretch to perceive how it might be, no matter how ‘lawyerly’ Mr Jones’ way is – then the choices left are stark.

For Mr Jones’ response in November 2014 to hold water he will have to successfully advance the proposition that several other AMs are themselves lying or are/were mistaken. The odds are not in Mr Jones’ favour on that one.

And the alternative position for Mr Jones – that he did not treat complaints as being made formally or that complaints that were made to him were not made in the correct form or format – lays him open to a charge of dealing with Mr Millar’s questions in less than good faith. Moreover, if Mr Jones did not take the allegations seriously because he regarded it as part and parcel of the normal rough and tumble of politics, it runs an absolute coach and horses through the pious approach he took before Mr Sargeant’s death.

Neither proposition, no matter how finessed, lets Carwyn Jones off the hook. The former would instantly end his career a​s​ First Minister; the latter would wound him so severely that he would -​ ​almost certainly – be persuaded to step down in favour of an alternative leader. In short, and in either of those circumstances, Mr Jones was either a knave or a fool.

WHO KNEW WHAT AND WHEN?

And there is another wrinkle of suspicion that bears consideration: if Mr Sargeant did complain about an over-mighty SPAD, it is open to question whether or not his card was marked. A self-perpetuating club of insiders would not take kindly to having their gilded cages rattled; links are undeniably strong between the national Welsh media and some ministerial special advisers.

That possibility is given some credence by what former Cabinet member Leighton Andrews wrote on his blog.

The Herald contacted Mr Andrews regarding his blog’s content and the First Minister’s remarks regarding bullying. He gave us permission to quote directly from his blog.

‘From discussions with many well-connected individuals over the last few weeks I have been able to piece together the following:

  • A Labour AM told the Labour Assembly Group meeting on November 9 that he had been texted by someone he regarded as a reliable source that Carl was to lose his job, before the reshuffle was announced
  • A leading Welsh journalist received a text in advance of the reshuffle’s announcement that Carl was to be sacked
  • A Welsh Labour MP told another Welsh Labour MP that Carl was to lose his job, before the reshuffle was announced’

Mr Andrews asks the question ‘who leaked?’ The ancillary questions to that are ‘who would benefit from such a leak?’ and ‘what would be such a leak’s purpose?’

A QUESTION OF TIMING

Mr Andrews’ sequence of events is of vital importance.

Mr Sargeant was dismissed as a Cabinet Secretary on November 3 and died on November 7. Two days after that event members of the Labour Assembly Group were told by one of their number that their deceased former colleague’s dismissal was leaked to them before Carl Sargeant was dismissed. Mr Andrews’ allegations that news of Mr Sargeant’s dismissal was currency among Labour MPs beforehand and a journalist was informed would be the toxic icing on a cake.

The reason for that is straightforward: at the time he was dismissed and at the time of his death Mr Sargeant had not been given the details of the allegations made against him by anonymous third parties whose versions of events he was given no opportunity to rebut. The leaking of his dismissal suggests that the case against Mr Sargeant had been judged by the First Minister and a decision made that would take no account of his innocence, guilt, or ability to answer the charges. If, has been alleged, the First Minister had previously dismissed one of the complaints relied upon to sack his ‘dear friend’, questions arise about the First Minister’s competence in deciding the allegations. Most tellingly, it is one of Mr Jones’ SPADs who carried out inquiries for the First Minister into the allegations against Mr Sargeant.

The number of people who would and should have known about both the investigation into Mr Sargeant and the decision to dismiss him would have been passingly small. Mr Jones himself and perhaps a handful of other people. Political circles being notorious hubs for gossip, it would take only one leak for ripples to spread.

There is no doubt that if the First Minister does not know who leaked he is being peculiarly incurious.

At the end of Mr Millar’s statement on Tuesday, a number of prominent Labour members exchanged looks that suggested that their consciences might well now be pricking them into reflecting on what they knew.

Mr Jones’ position has not looked more precarious than it does now and​,​ while some AMs have accused others of seeking to settle political scores, it seems that Mr Millar’s intervention might well prove the one that does for the First Minister.

News

Council ‘kept in the dark’ over police response

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PEMBROKESHIRE County Council were ‘kept in the dark’ over the police’s response to a complaint that was sent to the Independent Police Complaints Commission.
At its meeting on March 8, 2018, council resolved to submit a complaint to the Independent Police Complaints Commission regarding delays by Dyfed Powys Police in concluding its investigation into alleged irregular grant payments in respect of Pembroke and Pembroke Dock Commercial Property Grant Scheme.
However, there was a five-week delay in that letter being sent and it has only now been brought to the attention of Council because of questions raised by Cllr Mike Stoddart.
The Leader Cllr David Simpson stated he was unaware of the delay and apologised but Cllr Stoddart said they had been ‘kept in the dark’ and denied the right to appeal.
Cllr Stoddart’s questions were submitted to Thursday’s (Oct 11) Full Council meeting. He asked: “Can the leader explain why it took almost five weeks for this resolution to be actioned?
“What response, if any, has the council received from the Independent office for Police Conduct?”
Cllr Simpson said: “I was not aware of this delay until I saw the question. I did not have any idea it took this long for a letter to be written.
“I have spoken with the Chief Executive and we agree that it should never ever have taken five weeks to write a letter from this council to anyone. It will never ever take five weeks again, it shouldn’t have happened and I apologise.
“A formal response was received on May 2, the contents of which have been sent to Cllr Stoddart. In a meeting on April 12, 2018, there was a meeting between the Police and the CPS and a charging decision was to follow.
“Following discussion, the force is still awaiting the charging decision from the CPS and when it is received Pembrokeshire County Council will be made aware.”
Cllr Stoddart responded saying: “This letter from the police was sent on May 2 but it was written on that day and emailed to the council on May 10. It didn’t arrive in time for it to be put to full council.
“Why wasn’t an announcement made the following day to the Annual Council meeting. We should have decided if we were satisfied with the police response and could have appealed but we have been kept in the dark.
“We have been denied the right to appeal, council officers have sat on the report in a deliberate attempt to hide the response and prevent us from making a decision on whether or not we should have appealed.”
Cllr Simpson said they should have had the letter sooner and that they should have had the opportunity to consider appealing.
He was asked what steps would be undertaken to ensure this doesn’t happen again and Cllr Simpson added he wanted openness and transparency and assured that it would never happen again.
Cllr Jacob Williams did attempt to refer the matter to the Corporate Overview and Scrutiny Committee for a look into why there was a five-week delay but this was not allowed by the Chair.

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Politics

Greens reject Welsh party

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Grenville Ham: Green Party voted down leader's plea

THE WALES G​REEN PARTY has rejected the opportunity to reconstitute itself as a Welsh Green Party, as opposed to a branch of the Green Party for England.

Members of the party rejected the proposal to strike it out on their own in a poll of members.

Current Green Party of Wales leader Grenville Ham was in favour of disentangling from the party in England.

Rather like other political parties –Conservatives, Labour, and Liberal Democrat – the prefix ‘Welsh’ does not denote any separate legal existence from parties England.

Scotland has a separate Green Party, but the Wales Green Party has decided against independence.

Last weekend, the Green Party of Wales held a vote to decide whether or not it should remain a regional outpost of the Green Party in England.

In a poll of the Party’s membership of 1,500 in Wales, 64.8% decided to remain attached to the current party structure.

That figure appears overwhelming, but is rather less impressive when the turnout for the vote is factored in.

Of 1,500 Green Party members in Wales, only 20% turned out to vote.

A turnout of 300 means that around 194 Green Party members held sway over around 106 of their fellow party members in a vote which 1,200 members could not even be bothered to cast a ballot.

Where this leaves the Green Party as a relevant political entity in Wales is open to question; the argument could be advanced that if 80% of its members did not care enough about the party’s identity in Wales to register a vote either for or against forming a party with a specific Welsh focus, there have to be doubts about its long term commitment to formulating policies which address specifically Welsh issues instead of goals shared with the party in England.

Critics of the vote’s outcome have suggested that its result represents a missed opportunity for the Greens in Wales to address two separate problems which have persistently bedevilled the party in recent years: firstly, the perception that the Green Party has a ‘Lady Bountiful’ attitude to Wales and the Welsh; secondly, it’s failure to make any meaningful electoral progress.

On the upside, at least the Greens held a vote.

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Politics

Labour’s legislative plans announced

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Final programme for departure: Carwyn Jones unveils legislative aims

DEPARTING First Minister Carwyn Jones has announced the Welsh Government’s legislative programme for the Assembly’s term following the summer recess.
The programme makes good on the Welsh Government’s policy promise of ending the physical punishment of children in Wales. The measure, which has been opposed by the campaign group ‘Be Reasonable’, is one of a package of members aimed at promoting child welfare.

Commenting on the move, an NSPCC Cymru spokesperson said: “The NSPCC has long campaigned for children in Wales to have the same protection against assault as adults so the Welsh Government’s intention to remove the defence of ‘reasonable punishment’ in the coming year is hugely welcome.

“It is a common-sense move which is about fairness and equality for children.

“It is wrong that a legal defence which does not exist in a case of assault against an adult can be used to justify striking a child.

“Closing this loophole will bring Wales in line with dozens of countries around the world and finally give our children equal protection under the law.”

A bill will also be brought forward to establish duties of quality and candour in health and social care. This will place statutory obligations on all health organisations in Wales to be open and transparent and will ensure lessons are learned and improvements made where necessary. A new independent body will be created to give people a stronger voice for their experiences of health and social care services.

The government will bring forward a local government bill, which will include reform of local authority electoral arrangements, including reducing the voting age to include 16 and 17-year-olds.

The way animals are treated is an important reflection of society and over the next 12 months, a bill will be introduced to ban the use of wild animals in travelling circuses on welfare grounds.

The government will also introduce a bill to make Welsh law more accessible. The Legislation (Wales) Bill will be the first major step towards achieving a clear and well-organised statute book.

First Minister Carwyn Jones said: “The year ahead will be one of the busiest for us in legislative terms since Wales gained primary law-making powers.

“Making our statute book ready for EU exit is a big challenge for the Welsh Government and the National Assembly but we must not let this limit our ambitions. We will keep driving forward progress and delivering for the people of Wales.”

In addition to the Welsh Government’s legislative programme, the National Assembly will be asked to undertake a substantial programme of correcting regulations under the EU (Withdrawal) Act between October and March in preparation for EU exit.

However, Carwyn Jones’ final statement on the Welsh Government’s law-making priorities for the year ahead have been branded “unambitious, last-minute scribblings of a tired administration” by the Welsh Conservatives.

One of the proposals to be brought forward is a ban on wild animals from performing in travelling circuses, something Welsh Conservatives have been calling for in recent years.

Legislation to merge councils is likely to face much contention following fierce opposition from the Welsh Local Government Association over the past few months after being told they will have to merge voluntarily, or have t imposed upon them.

Interim leader of the Welsh Conservatives, Paul Davies AM, said: “After nearly 20 years at the helm, the Welsh Labour Government have been proven to be unimaginative and tired.

The headline bills to be announced today is typical Welsh Labour: tinker at the edges, but do nothing to resolve the fundamental challenges to Welsh society and its economy.

“We have an underperforming health service, a health board in special measures for three years, and an education system that ranks bottom of the UK nations.

“It is time to be more radical with public services – not only to deliver better value for money for taxpayers, but also better outcomes for everyone in all parts of Wales in health, education, and beyond.”

And Plaid Cymru’s Leanne Wood also expressed her and her party’s disappointment at Labour’s programme.

“I congratulate the First Minister on delivering his eighth and final statement on a future legislative programme.

“However, I am saddened to say this looks like a re-hash of a legislative programme we have seen before. At a time when our democracy, our nation, is in flux, we need ambition, vision and leadership. Values I do not see demonstrated by today’s statement.

“We can agree that Westminster is failing Wales. But this Parliament – the new home of Welsh democracy – was meant to give us the opportunity to do things differently. When they cancelled plans for a tidal lagoon, legislation should have been brought forward for a new nationalised Welsh energy company. We must take our future into our hands, not allow Westminster to tie them behind our back.

“We are leaving an environment that is increasingly inhospitable. Air pollution kills tens of thousands every year and plastic waste litters our coastline and countryside. But a Clean Air Act and bottle return scheme are nowhere to be seen in this statement. There is also no proposed legislation or laws to create a feminist Welsh government a reality as promised.

“Many key decisions have also been kicked into the long-grass. The size of our parliament and who can participate in our democracy, for one.

“There is not a single piece of legislation planned for education, transport, energy, the environment, housing, social care, farming and fisheries.

“This is a legislative programme of old ideas and no ambition. The Welsh Government can do better. The National Assembly can deliver better. Wales needs better.”

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