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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.

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Labour promises ‘most significant investment in Britain’s ports in a generation’

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LABOUR has said this week that it will “Build it in Britain” with the most significant investment in Britain’s ports in a generation, as part of Green Prosperity Plan to support the creation of 650,000 good jobs across the country.

A Labour Government will “Build it in Britain” Keir Starmer said on Thursday, as he visited the North East of England to highlight Labour’s plans to deliver the most significant upgrade of Britain’s ports in a generation. 

Visiting a port in the North East, Labour Leader Keir Starmer, Shadow Chancellor Rachel Reeves, and Shadow Energy Secretary Ed Miliband will set out how Labour’s £1.8 billion investment in Britain’s port infrastructure will help crowd billions more of private sector investment into the UK’s energy industry.

Labour’s announcement comes after Jo Stevens, Shadow Secretary of State for Wales, visited the Port of Milford Haven in Pembrokeshire last month alongside with Henry Tufnell, Labour’s parliamentary candidate for Mid and South Pembrokeshire, to learn more about the port’s operations and challenges.

After the visit, Shadow Welsh Secretary Jo Stevens said: “Upgrading our ports, like this one here in Milford Haven, can help us seize the golden opportunity we have to become a world leader renewable energy, delivering cheaper bills and the jobs of the future.
 
“But the Conservative government is holding Wales back, with narrow-minded, poorly run investment schemes that leave us lagging behind international competitors.
 
“A UK Labour government will switch on GB Energy to invest in projects that can secure our lead in floating offshore wind, unlocking the jobs and investment that the Tories have left to languish.”

Henry Tufnell, Labour’s candidate in this year’s General Election, added: “Pembrokeshire’s first Labour MP, Desmond Donnelly, was instrumental in the creation of the Port of Milford Haven, transforming Pembrokeshire’s economic fortunes. Today, as in the 1950s, we face a crossroads. We must put our county at the forefront of a new Labour Government’s industrial strategy to build it in Britain.

Labour’s Green Prosperity Plan will secure our energy supply, develop industry, and create good well paid jobs right here in our county. We don’t want the young people of Pembrokeshire to feel they must leave their home county to get on in life. We want to provide opportunity here, and we want to provide it now.”

Labour’s plan for ports will help reverse fourteen years of industrial decline under the Conservatives and support domestic manufacturing across the country. The pledge is funded through Labour’s Green Prosperity Plan, which includes a proper windfall tax on the oil and gas giants making record profits, to fund investment in British industries.Keir Starmer’s announcement comes as Labour confirms that its Green Prosperity Plan will help support the creation of up to 650,000 good jobs in Britain’s industrial heartlands, including here in Pembrokeshire, by crowding billions of private investment into industries such as Britain’s nuclear, steel, automotive, and construction industries. 

The last Labour government led the way on upgrading Britain’s ports, providing funding for the development of port sites to support offshore wind turbine manufacturing. This industrial advantage has been squandered after fourteen years of the Conservatives, with recent research showing the UK could have created almost 100,000 more jobs in the wind industry if it had followed Denmark’s example in recent years and built up domestic supply chains in clean energy.

Speaking ahead of the visit, Labour Leader Keir Starmer outlined the choice facing millions of voters: continued industrial decline after 14 years of Conservative rule, or national economic renewal with Labour, saying:“The legacy of fourteen years of Conservative rule is Britain’s industrial strength reduced to the rubble and rust of closed-down factories. They have let good jobs go overseas and done nothing about it, and every community has paid the price. 

“A Labour government will reindustrialise Britain – from the biggest investment in our ports in a generation, to a British Jobs Bonus to crowd billions of investment into our industrial heartlands and coastal communities.“

The wealth of Britain was once built on a bedrock of industrial jobs that offered security and a good wage. By investing in Britain’s homegrown energy sector, we can rebuild this dream for the twenty-first century- good jobs, higher wages, and the pride that comes from good work for all.”Through policies such as Great British Energy, the National Wealth Fund, and the mission for Clean Power by 2030, a Labour government will invest in technologies like floating offshore wind, hydrogen, nuclear, and carbon capture and storage, which will help secure Britain’s energy independence.

This will create a new generation of skilled jobs in growing industries, which will offer people good wages, give confidence in their job security, and provide them with opportunities to progress. This policy is part of Labour’s Green Prosperity Plan, to cut energy bills for families, make Britain energy independent, and rebuild the strength of British industry.

This historic investment in working people and their communities is the only way out of the high energy bills, energy insecurity, and the doom loop of low growth, high taxes and crumbling public services under Rishi Sunak’s Conservatives.Commenting on Labour’s landmark plan to invest in Britain’s port infrastructure, Shadow Energy Secretary Ed Miliband MP said: “Making Britain a clean energy superpower requires flourishing national ports. Whilst the Conservatives are letting other countries plunder jobs that could be ours here in Britain, Labour has a plan to help win the race for the industries of the future.“

This is what Labour’s Green Prosperity Plan will do for every community in Britain – slash energy bills, create good jobs, boost our national energy independence, and help to tackle the climate crisis.”

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Politics

Haverfordwest transport interchange set for private talks

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THE CONTRACT for the second stage of Haverfordwest’s contentious £19m transport interchange is expected to be made behind closed doors next week by senior councillors.

The total cost of the scheme in the approved budget is £18.8m, £1.9m from Pembrokeshire County Council and the remaining £16.9m from an already-awarded Welsh government grant.

To date, £3.4m has been spent on the scheme for professional fees and advanced works, including the demolition of the old multi-storey car park and a temporary bus station.

A lengthy timeline is also included in the report, dating back to a 2016 Haverfordwest Masterplan which identified the need for sustainable transport improvement for the town.

Members of Pembrokeshire County Council’s cabinet, meeting on April 22, are recommended to approve the award of the stage two construction contract for the Haverfordwest Transport Interchange.

The report for members lists two simple options for Cabinet, to authorise the award of a contract, recommended, or to not.

For the latter, it warns: “It is envisaged Welsh Government will withdraw the funding awarded and the council would need to repay grants received to date, £10.3m has been received to date, of which £3.4m has been offset against expenditure.”

It also says this option would risk “reputational damage across a range of stakeholders including funders” and would “compromise realisation of the county town regeneration vision”.

It added: “The existing site currently presents a poor appearance to the town centre. The award would facilitate the scheme to progress.

“Cost to cease this project could cost PCC more in terms of grant repayment and any capital work required to make good. PCC match contribution for the project is forecast as £1.9m of the £18.9m.”

Cabinet is asked to authorise the award of the construction contract to proceed with the second phase.

It is recommended the actual contract award details are held in a private and confidential part of the public cabinet meeting, before a final public decision on whether to proceed or not is made.

It has previously been said the completed interchange, part of a wider Western Quayside development in the town, would generate annual revenue for the council from at least a “pessimistic” £150,000, to as much as £400,000 have been quoted.

In late January of last year, councillors heard a doubling of the costs of Haverfordwest’s public transport project to nearly £18m was not fully communicated with the public.

Planning permission for the interchange was granted in 2022, with a temporary bus station constructed that year and the old multi-storey building demolished in 2023.

That year, members of the county council’s cabinet agreed a temporary car park will be sited on the demolished remains of the old multi-storey car park until the Haverfordwest Public Transport Interchange – delayed as no compliant tender had been found at the time – is built.

Calls have previously been made for the scheme to be reduced to a simpler modern car park and bus station.

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First step towards council tax and business rate reform

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MAJOR reforms to council tax and business rates have cleared the first hurdle in the Senedd.

MSs backed the general principles of the local government finance bill, which would introduce a five-year cycle for council tax revaluations from 2030.

The bill would lay much of the groundwork for Welsh Government proposals to redesign council tax, with current bands based on property values from 2003.

It would also increase the frequency of business rates revaluations from five to three years.

Rebecca Evans told the Senedd the bill forms a vital part of the Welsh Government’s wider programme of local tax reform.

Wales’ finance minister explained the bill would enable ministers to modify business rate relief exemptions and the multiplier to support policy priorities.

John Griffiths outlined the local government committee’s stage-one report recommendations aimed at improving the bill and guarding against unintended consequences for taxpayers.

Mr Griffiths explained that the bill provides a framework for future policy changes to be made by the Welsh Government via secondary legislation.

The Labour MS, who represents Newport East, said the committee heard concerns that this limits opportunity for public engagement and scrutiny by the Senedd.

Welcoming the Welsh Government’s commitment to retaining the single-person council tax discount at 25%, he highlighted wide-ranging powers in the bill over vital reduction schemes.

In terms of business rates, the committee chair said MSs heard broad support for a move to three-yearly revaluations, which he described as a reasonable, proportionate cycle.

Peredur Owen Griffiths, who chairs the finance committee, backed the bill’s key aim to create a fairer, more flexible system.

The South Wales East MS welcomed reassurances from the Welsh Government that the intention of council tax reforms is not to raise more revenue.

“Given the regressive nature of council tax, we support the aim to make it fairer without affecting the tax base,” he said.

Plaid Cymru’s finance secretary said the proposed powers will reduce the Welsh Government’s reliance on UK bills to make changes.

Alun Davies, a Labour backbencher, warned that delegated powers in the bill risk diminishing the role of the Senedd.

Sam Rowlands, the Tories’ shadow local government secretary, raised concerns about the bill putting more power in the hands of the Welsh Government rather than councils.

He warned the bill is a stepping stone towards higher taxes through the back door, saying: “This bill in and of itself does not necessarily do that but it certainly enables future changes.”

The former leader of Conwy council, who represents North Wales in the Senedd, called for reforms to the formula used to allocate funding to Wales’ 22 councils.

Raising concerns about digital exclusion, Mr Rowlands opposed a provision in the bill which would remove a duty to publish council tax notices in local newspapers.

He said: “We believe it’s a really important part of the democratic process in local government, especially in relation to transparency.”

Backing a revaluation of all 1.5 million properties in Wales, Labour MS Mike Hedges described council tax as fundamentally unfair.

He said: “Someone living in a property worth £100,000 pays around five times as much council tax relative to the property value as someone living in a property worth £1m.”

Mr Hedges, who represents Swansea East, also opposed the removal of the duty to provide council tax information in newspapers.

On business rates, he said: “I’ve always supported the returning of them to local authorities. We don’t need an all-Wales system; let each local authority set its own business rates.”

Ms Evans told the chamber she intends to make a statement on the next steps for council tax reform before the summer recess.

The Senedd agreed the general principles of the reforms without objection, and the bill now moves to stage two which will see MSs consider detailed amendments.

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