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​Carwyn in crisis after Millar’s statement​



​​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.


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.


‘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.


‘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’.


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’.


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.


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.


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?’


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.


Committee to examine post-Brexit funding



Wales can't sit and wait: Simon Thomas AM launches inquiry

A NEW inquiry will examine how funding which currently flows to Wales through the EU will be replaced or reshaped after the UK leaves the EU.

The National Assembly’s Finance Committee intends to look at what preparations the Welsh Government is making for different scenarios and which funding models could deliver the best possible benefits for Wales.

Currently more than £2 billion is allocated to Wales through EU Structural funding between 2014 and 2020. The money is targeted at:

  • Research and Innovation (funding of £239 million for West Wales and the Valleys and £71 million for East Wales);
  • SME Competitiveness (funding of £166 million for West Wales and the Valleys and £32 million for East Wales);
  • Renewable Energy and Energy Efficiency (funding of £137 million for West Wales and the Valleys and £18 million for East Wales); and
  • Connectivity and Urban Development (funding of £401 million for West Wales and the Valleys and £38 million for East Wales)

Further funding comes from the Common Agricultural Policy, the Rural Development Programme, the Ireland-Wales European Territorial Co-Operation Programme, the European Maritime Fisheries Fund, and Horizon 2020.

In total Wales receives more than double the amount of money per person than any other region of the UK: “Wales is a net beneficiary of European funding, but when the UK leaves the EU in 2019 all that will come to an end,” said Simon Thomas AM, Chair of the Finance Committee.

“We accept that Brexit negotiations are ongoing but Wales can’t just sit and wait to find out what happens. People and businesses need to know what will or could replace the funding we currently benefit from.

“We will be asking the Welsh Government what plans they have in place, how much is it going to take and are there alternatives which would suit Wales better in the long term.”

The terms of reference for the inquiry are:

  • To assess the financial planning for replacing EU funding streams in Wales, and what is being done to prepare for different potential scenarios around levels of funding and administrative responsibility; and,
  • To explore what approaches to administering replacements for current EU funding streams might deliver best for Wales, and to what extent these might replicate or differ from current arrangements.

A public consultation will be open until ​May 118. Anyone wishing to contribute should visit the Finance Committee’s webpages for more information.

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Fear and loathing in Cardiff Bay



Ty Hywel: Briefing and leaking allegations continue

THE MURKY world of Welsh Government communications has come under increasing scrutiny since the refusal to publish a report into the way in which former Communities Secretary Carl Sargeant’s sacking was leaked to at least one journalist, to at least one Labour MP, and to Lee Waters the AM for Llanelli.

The terms for a Welsh Government inquiry into the leak were set by the First Minister himself and some increasingly shifty-appearing equivocations by Carwyn Jones have only served to provoke further questions from a Conservative group in the Assembly which plainly senses that the First Minister’s unwillingness to give a direct and straight answer to some direct and straight questions is doing him political damage.

With Jack Sargeant lately taking up his father’s Assembly seat and saying that he would continue to fight to get to the truth about the circumstances leading to his father’s death, it is unlikely that Mr Jones is going to be able to get away from further scrutiny.

A statement by the First Minister that ‘no unauthorised leaks’ took place regarding Carl Sargeant’s dismissal from the Government left the prospect hanging that an ‘authorised leak’ took place.

A subsequent claim by the First Minister than no leak took place was effectively exposed as factually questionable (at the very least), when Llanelli AM Lee Waters revealed that he had received a text before Carl Sargeant’s sacking which told him the late Alyn and Deeside AM would be dismissed.

The First Minister has rejected the opportunity to confirm that he did not authorise any briefing or sharing of information before his cabinet reshuffle in November.

The actions of the Welsh Government’s so-called ‘Special Advisors’ – SpAds – political operatives paid for by public money have been called into question.

Former Cabinet minister Leighton Andrews, who has been described to The Herald as very likely to have kept meticulous records, alleges that a culture of bullying and back-biting briefing surrounded the First Minister’s office. One SpAd – Huw Price – made the news last week when it emerged that he had engaged in repeated party political activity and political briefing using a Welsh Government email address and Welsh Government IT facilities. A Welsh Conservative press release redacted the name of the journalist who received Mr Price’s enthusiastic briefings and party political spin. The Welsh Government was not so careful and exposed the name of a senior Western Mail reporter as receiving briefings from ‘a government spokesman/Labour Party source’.

The Welsh Government is to introduce new email guidelines following the exposé by the Welsh Conservatives over the First Minister’s use of a personal email address whilst handling government business.

In a letter to Welsh Conservative leader, Andrew RT Davies, Carwyn Jones also confirmed ‘that the majority of Cabinet Secretaries do not use personal e-mail addresses’ with only two members of the cabinet doing so on a ‘few occasions’.

Following pressure from the Welsh Conservatives, the First Minister has asked the Head of Cabinet Division to provide clear guidelines for the Cabinet and Ministers on email communications – and according to Carwyn Jones this will be done as soon as possible.

To date, the First Minister has refused to publish the government emails from his personal account, and the Welsh Conservative leader has again called for the full catalogue of correspondence to be made available. A written question and freedom of information request has also been submitted asking for the information.

Commenting, Andrew RT, said: “The First Minister has been caught out and the fact he admits the use of personal email addresses is not standard practice for his colleagues shows that in the Welsh Government there is one rule for him, and one rule for others.

“Given the inquiries that have finished and are ongoing, we again reiterate our call to Carwyn Jones to make available and publish all government correspondence sent and received on his personal email account.”

In addition, an answer to a further written question from the Conservative Party has suggested that Carwyn Jones is also using a Welsh Government mobile phone to transact personal and party business.

Written questions from Conservative leader Andrew RT Davies asked Mr Jones whether he had ever used a government-issued phone to communicate about Labour Party matters with Ministers, special advisers or Labour Party officials; and whether he had ever conducted government business from a personal phone.
Mr Jones’ response was: “I do not possess a personal mobile phone.”
The Welsh Government’s Ministerial Code states that Ministers must not use the Welsh Government’s resources for party-political purposes.
Mr Jones has claimed to the Assembly that his apparent inability to formulate straight answers is a result of his legal training and ‘lawyerly way’. Quite how that explains his current inability to answer questions without adding to an atmosphere of mistrust and suspicion is unclear.

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UK Government’s ‘considerable offer’ not enough



Breaking up's so hard to do: A UK single market on Westminster's terms

IN A speech delivered at Airbus’ Broughton HQ, Theresa May’s effective deputy, Cabinet Office Minister David Lidington, has attempted to allay fears of a Westminster power grab of devolved powers following the UK’s departure from the EU.

Mr Lidington, claimed the UK Government had made a ‘considerable offer’ to the devolved administrations with a commitment that the ‘vast majority’ of powers returning from Brussels will start off in Edinburgh, Cardiff and Belfast rather than Whitehall.

Mr Lidington, said his plans marked “a very big change to the EU Withdrawal Bill that is before Parliament and a significant step forward in these negotiations.”

He continued: “If accepted, this offer puts beyond doubt our commitment to a smooth and orderly departure from the European Union, in a way that doesn’t just respect the devolution settlements, but strengthens and enhances them.”

Mr Lidington warned that a “divided country at home” would be “weaker, less secure and less prosperous overseas​.”​

The problem with Mr Lidington’s words is that ‘the vast majority’ is not all powers currently vested in the UKs’ devolved administrations within the EU. Moreover, the clear message that the Westminster government wanted to maintain the unity of an internal market within the UK suggests that powers will have to be taken from the devolved governments and retained permanently by the UK parliament in order to make that arrangement work. However, the UK government’s stance on agriculture, a key issue for the Welsh Government, has been extensively trailed by Michael Gove and Defra ministers for months and cannot have taken it by surprise.

Mike Russell, the Scottish Brexit minister, said: “However they try to dress this up, the UK government is using Brexit to try to take control of devolved powers without the agreement of the Scottish parliament. It is totally unacceptable for the Tories to unilaterally rewrite the devolution settlement.”

First Minister, Carwyn Jones, said: “As currently drafted, the Bill allows the UK government to take control of devolved policy areas, such as farming and fishing, once the UK has left the EU. This is an unacceptable attack on devolution in both Wales and Scotland.

“We now need further progress that goes beyond warm words and I hope the ‘very big changes’ promised in the speech equate to sensible amendments to the bill which respect devolution. We will continue to work with the UK and Scottish governments to that end.”

Welsh Liberal Democrat Leader Jane Dodds commented: “Common frameworks in certain areas will certainly be important after Brexit and we would never want to put the UK’s common market at risk. However, it must be up to devolved Governments to decide if they want to enter common frameworks in devolved areas and to negotiate suitable frameworks. The UK Government cannot and must not impose frameworks on devolved Governments.

“Brexit will have huge implications for sectors such as agriculture. Brexit will cut our farmers off from their key markets and dismantle the financial support they rely on. Decisions on these vital areas must be made in Wales and address the unique needs of Welsh farmers.”

The Welsh Conservative spokesman on Europe, Mark Isherwood AM, said: “Welsh Conservatives have been steadfast in our belief that the devolution settlement must be respected with the necessary changes made to the EU Withdrawal Bill.

“As we’ve stated from the outset, we would also expect that leaving the European Union would not undermine the devolved settlement and would result in more powers making their way to the Welsh Assembly.

“It is vital that we now protect the UK’s single market and that’s why it is imperative the Welsh Government engages positively with the UK Government in this process to ensure the frameworks relating to devolved matters are agreed by all parties.”

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