Connect with us
Advertisement
Advertisement

News

Legal action threatened over ‘councillor’s’ status

Published

on

David Boswell: Would he sue the council?

THE COUNCIL’S Legal Department has failed to respond to two pre-action letters sent by solicitors acting on behalf of the local authority’s Labour Group as ​the​dilemma over the future of David Boswell’s membership of the Council has taken yet another turn.

The Herald understands that the Council’s Legal Department now fears that if the Pembroke St Mary North ward was declared vacant, Mr Boswell might have a legal action against the local authority.

That potenital threat is two-fold: firstly, in relation to any change of position on the advice from Monitoring Officer Claire Jones he has relied upon; and, secondly, in respect of the potential prejudice formally removing him might cause to his scheduled trial at Swansea Crown Court.

Had Mr Boswell’s trial taken place as scheduled neither of the above issues could possibly have arisen.
Suspicion is growing among some council members that Council officers were counting on the trial being over to avoid embarrassment over the advice given to Mr Boswell by the officer upon whose advice they are entitled to rely upon as the last word.

However, the legal pressure has grown upon the authority. A letter before potential proceedings has been sent by a firm of solicitors acting for the Association of Labour Councillors.

With their initial letter unanswered, a second letter has now been sent from those solicitors which takes the Council to task both for their failure to respond to a letter marked ‘URGENT’, but also for statements made by the Monitoring Officer to the press and alleged comments made to councillors.

The Herald can confirm that despite receiving both letters, the Council has failed even to acknowledge their receipt at the time we went to press.

To quote the ALC Solicitor letter to the council​:​​ “​We strongly disagree with your interpretation of this legislation and urge you to declare the vacancy as soon as possible. We do not consider that it is accurate or reasonable to describe a members’ seminar as a meeting of the local authority.”​

The Council’s position turns on whether or not seminars for members are council meetings.

If they were Council meetings, the Council’s Legal Department would have been able to provide minutes of those meetings.

Council meetings, at law, are subject to rules in relation to publishing the agenda, setting out the the timetable, clear rules in regards to voting, and minute taking.​

None of those apply to a seminar.

And the Council’s Legal Department refused to provide any of the information that define a Council meeting to this newspaper, claiming that it wanted to explain the legal situation to members first.

What that has to do with providing information that – if it exists – would prove the Monitoring Officer’s contention that seminars are meetings is unclear.

The Solicitors’ letter sent to the authority, sets out that position with a stinging rebuke to the Legal Department’s stated position, saying: ‘If it does not sound like a council meeting and it does not act like a council meeting, then it is more than likely not a council meeting’.

And ‘more likely than not’ is the key legal test. Not beyond a reasonable doubt, as in criminal proceedings.

Of course, the Council’s position would be stronger if it did not publish information likely to be of assistance to other potential parties to litigation.

At a meeting in 2011, a key Council committee considered a range of governance issues including member attendance at meetings.

The committee endorsed the position that members’ attendance should be published.

It even set out what meetings would be covered.

‘That the recording period cover each municipal year, and the record apply to attendances at formal Council body meetings (Council; Cabinet; Committees and Sub-Committees)’.

More fundamentally, it ‘suggested that training events/seminars be included in the attendance record’.

The distinction between what the Council then resolved were meetings on the one hand and members’ seminars and training on the other is crystal clear. If seminars were ‘meetings’ under the law, attendance would be recorded as a matter of course.

That is not the whole list of what is in the law covering council meetings. That also includes meetings which councillors attend as representatives of the authority.

However a list of what constitutes a council meeting cannot just be added to as and when a local authority finds convenient. A strong legal position would be that just because a statutory list of ‘meetings’ is not comprehensive (which is a fair reflection of the legal department’s position on the Local Government Act) that does not mean meetings which do not meet the criteria for council meetings can then be called council meetings.

The ridiculousness of the situation is best illustrated by the fact that on Wednesday (Feb 28), Mr Boswell attended a members’ seminar of an authority of which he is quite possibly no longer a member, while no press or public were admitted to the ‘council meeting’, no minutes were kept, and no agenda was published.

Why the Council’s legal department has been so reticent about replying to an urgent solicitors’ letter is a mystery, although no suggestion is made that it is either because council officers are hoping to ‘run down the clock’ in order to forestall taking any action at all or because they are paralysed by indecision.

In an email sent to all county councillors marked ‘CONFIDENTIAL’ in large red letters the Monitoriing Officer forcefully reminds members not to say anything that might jeopardise Mr Boswell’s trial. The Council’s monitoring officer appears also to suggest the Council has advice from ‘Leading Counsel’ (usually a QC) to support its position.

Advice from a barrister, even a leading one, is usually dependent on the content and quality of the instructions sent to one. There is a world of difference between a barrister being asked to advise a client and a barrister being asked to advise how a client might wriggle off a hook of their own making.

There is also a faint suggestion that legal advice obtained by the Council for the benefit of the authority might not be shared with all members. The way in which the email is set out makes it difficult to determine whether the Monitoring Officer would propose releasing advice on a limited basis. In addition, when quoting the Code of Conduct, Ms Jones states that members of a political party should consider whether or not they should declare ‘either a personal or prejudicial interest when speaking and voting’ on business of the authority.

That section of the email appears to be a remarkable attempt to prevent any debate by councillors of the cleft stick the council’s own officers have placed the authority in.

With dire warnings about ‘predetermination’ and ‘recent media stories’, Claire Jones seems to confuse discussing the potential that she might have got it wrong with expressing a view on whether or not Mr Boswell is guilty of the allegations – and that is all that they are – he faces.

The latter, it goes without saying is – quite properly strictly forbidden – the former is not the same thing at all.

Ms Jones’ email warns councillors of the dangers of expressing views as to whether or not she is wrong before an occasion upon which elected members can express a view. However, Ms Jones will know that pre-sentiment is not pre-determination, that councillors are permitted to make their minds up for themselves, and that the purpose of the rules about pre-determination and potential bias, as made clear by guidance given by the Public Services Ombudsman, is not to stifle either political or public discussion of contentious issues.

In addition, seeking advice on whether the Monitoring Officer is herself right or wrong is not predetermination by any means.

News

Change of course over Wales’ 20mph speed limit

Published

on

WALES’ new transport secretary confirmed a change of course on the controversial 20mph policy but continued to face calls to scrap the default speed limit completely.

Ken Skates told the Senedd the 20mph policy will be targeted at schools, hospitals, nurseries, community centres, play areas and built-up residential areas.

Mr Skates said the Welsh Government will revise guidance on exceptions by the summer, with work to adjust speed limits expected to begin from September.

In response to councils’ concerns about costs, such as for swapping signs, he confirmed the Welsh Government will foot the bill for reverting roads back to 30mph.

Mr Skates said: “What I am doing now is listening to what people want for the roads in their communities and pressing ahead with refining the policy.”

Giving a statement on his priorities, the newly appointed cabinet secretary for north Wales and transport committed to listening to people to get the “right speed on the right roads”.

He said: “Ultimately, the degree of change in each of our 22 local authority areas will not be determined by me and the Welsh Government but by the public and councils.”

Mr Skates encouraged people to contact their local council via the Welsh Government’s website to have their say about where 20mph should be targeted.

The transport secretary, who returned to the frontbench in Vaughan Gething’s reshuffle in March, said an external review of the 20mph policy will be published in the next few weeks.

Mr Skates, who replaced Lee Waters, told the chamber new roads will be built and existing ones improved, with the network better designed to accommodate bus priority lanes.

Nearly half a million people signed a record-breaking Senedd petition, calling for the “disastrous” 20mph policy, which came into force in September, to be scrapped.

Pointing out that 20mph will remain the default, Natasha Asghar, the Conservatives’ shadow transport secretary, also called for the “daft, divisive and destructive” law to be abandoned.

She said: “It is clear from the rhetoric that the Welsh Government has finally cottoned on to the fact that the 20mph policy has been a complete shambles.”

The South Wales East MS urged the Welsh Government to go further by making 30mph the default speed limit with exceptions made for 20mph, rather than the other way around.

Ms Asghar warned that anything less than rescinding the law is just paying lip service.

However, Mr Skates argued the Conservatives’ suggested approach, which would require traffic regulation orders, would bankrupt Wales and increase red tape.

Delyth Jewell, Plaid Cymru’s shadow transport secretary, criticised the Welsh Government’s decision not to pursue legal action against UK ministers over HS2 funding.

Ms Jewell, who also represents South Wales East, told the chamber billions of pounds are at stake which would have a material effect on improving Wales’ transport services.

She said: “HS2 tracks don’t travel into Wales at all but we are paying for it all the same,” with Mr Skates responding that legal advice suggesting a challenge would likely fail.

The Plaid Cymru deputy leader raised concerns about drastic cuts to vital bus services, arguing investment in rail should not come at the expense of buses.

Turning to 20mph, Ms Jewell said it is important not to lose sight of the radical policy’s aim as she highlighted that a four-year-old girl was killed in a crash in Birmingham last week.

Plaid Cymru’s Heledd Fychan raised concerns about cuts to learner travel, saying no child should miss a day of school because they cannot afford the bus.

Vowing to work with Lynne Neagle, Wales’ new education secretary, on home-to-school transport, Mr Skates said the future of buses is one of his very top priorities.

Swansea East MS Mike Hedges called for a rebalancing of support between buses and rail.

Mr Skates told the Labour backbencher a forthcoming bill on bus services will correct the “great mistake” of privatisation in the mid-1980s.

Pressed by Plaid Cymru leader Rhun ap Iorwerth about calls for a third Menai crossing, Mr Skates did not rule it out but warned that public finances are incredibly tight.

Hefin David, the Labour MS for Caerphilly, welcomed plans to review the 20mph guidance, calling for councillors, who know their communities best, to be involved in discussions.

Continue Reading

Community

County Hall to offer space for community banking

Published

on

A CALL for Pembrokeshire County Council to potentially change its banking arrangement with Barclays, after it closed its Haverfordwest branch has been turned down, but County Hall is to offer space for community banking.

Barclays Bank, on the town’s High Street, is to close on May 10.

The council has had a banking services contract with Barclays since 2013.

Councillor Huw Murphy, in a notice of motion heard by Pembrokeshire County Council’s Cabinet meeting of April 22, asked the council to review its banking arrangements with Barclays following the announced closure.

e said the loss of a branch “not only impacts upon town centres and businesses but also disproportionately impacts the elderly who are less likely to embrace on-line banking options”.

A report for Cabinet members said, in terms of the impact on Pembrokeshire residents, Barclays has said that it is “not leaving Haverfordwest and [will] continue to provide face-to-face support for those who need it” via community locations.

Two options were presented to Cabinet: to retender the banking services contract, and, the favoured, to work with Barclays to ensure a community location is set up in Haverfordwest.

Members heard the costs associated with moving to a new banking service provider could be in excess of £50,000.

For the second, favoured option, members heard Barclays was in discussions with the council about a location for potential community banking.

Cabinet Member for Corporate Finance Cllr Alec Cormack, after outlining the risks in the report for members, and moving the notice be not adopted, said he had “considerable sympathy” with Cllr Murphy’s notice.

He told councillors there was a glimmer of light for banking arrangements in the county, with an agreement now signed for two ground floor rooms at County Hall, Haverfordwest, to be used for community banking.

From April 25, the rooms will be available on Wednesdays, Thursdays, and Fridays, members heard.

Cabinet Member for Planning & Housing Delivery Cllr Jon Harvey also said he had “a lot of sympathy” for the motion, adding: “It’s excellent news a deal has been struck to occupy the ground floor rooms three days a week; hopefully this will mitigate, to a certain amount, the closure.

“If we can work with the respective banks to get a community-type approach let’s move forward.”

Continue Reading

News

Haverfordwest interchange: Next stage of £19m project backed

Published

on

The second stage of building Haverfordwest’s near-£19m transport interchange has been backed, with senior councillors hearing it could cost the council more to not support it.

The transport interchange, which includes an integrated bus station and construction of a new multi-storey car park, is part of a wider series of regeneration projects in the county town.

The total cost of the scheme in the approved budget is £18.881m, £1.987m from Pembrokeshire County Council; the remainder, £16.894m, from an already-awarded Welsh Government grant.

To date, £3.425m has been spent on advanced works, including the demolition of the old multi-storey car park and a temporary bus station.

Members of Pembrokeshire County Council’s Cabinet, meeting on April 22, were recommended to approve the award of the Stage 2 construction contract for the Haverfordwest Transport Interchange.

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

For the latter it warned: “It is envisaged Welsh Government will withdraw the funding awarded and the council would need to repay grants received to date; £10.322m has been received to date of which £3.376m has been offset against expenditure.”

It added: “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 £1.987m of the £18.881m.”

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.

Speaking at the meeting, Deputy Leader Cllr Paul Miller said: “The interchange is an important part of the regeneration of Haverfordwest, it will not regenerate Haverfordwest on its own, it is part of a wider process. The alternative to us being engaged is we simply allow it to decline and fail.”

He said the interchange was about “making it easier to visit Haverfordwest,” making parking provision “really straightforward, making it easy and convenient as possible”.

Cllr Miller said not progressing with the scheme would risk the grants already obtained, meaning the council could potentially foot the bill for costs to date, at a greater level than progressing.

He said the cost options were a near-£2m subsidised council involvement for the whole scheme or the £3m-plus spent to date if the scheme was ended, which would leave the car park as it is now.

“It’s pretty reasonable that if they give us the money and we don’t build a transport interchange they’ll be looking for that money back,” Cllr Miller said.

He said previous figures from parking revenue – back in 2019 – amounted to £100,000 a year; and could be expected to at least double on a “like-for-like” basis following the increase in parking charges.

Members, after a private and confidential session over the actual contract details, agreed to proceed with the scheme, awarding the contract to Kier Construction Western and Wales.

Continue Reading

News1 day ago

Haverfordwest interchange: Next stage of £19m project backed

The second stage of building Haverfordwest’s near-£19m transport interchange has been backed, with senior councillors hearing it could cost the...

News4 days ago

20mph U-turn: Some roads will return to 30mph following public outcry

IN a recent shift in policy, Transport Secretary Ken Skates announced that some roads in Wales will revert to a...

News5 days ago

Police issue update on the search for Luke, missing from Pembroke Dock

POLICE have made the difficult decision to end the search for Luke, following a joint decision by all the agencies...

Entertainment6 days ago

NoFit State Circus set to thrill Pembrokeshire this summer

NoFit State Circus is set to captivate Pembrokeshire once again this summer, as they bring back their thrilling big top...

News7 days ago

Search for missing teenager Luke continues at Pembroke Dock

THE SEARCH for the missing 19-year-old, Luke, continues unabated into its fourth day, with efforts increasingly centred around the waterways...

Crime1 week ago

Estate agents admit health and safety failings following fatal market incident

WEST WALES estate agents J J Morris have appeared before Pembrokeshire law courts charged with failing to discharge general health,...

Crime1 week ago

Pembroke man sent ‘grossly offensive and disgusting’ message to sister

A DISTRICT Judge has described how a Pembroke man sent a ‘disgusting, appalling and grossly offensive’ message to his sister...

News1 week ago

Dragon LNG ‘monitoring’ scrap car blaze in Waterston

A BLAZE has broken out at the Waterston Car Dismantler’s business in Waterston, Milford Haven. Dragon LNG which is situated...

News2 weeks ago

Major search in the area of The Cleddau Bridge and Hobbs Point

A MULTI-AGENCY rescue response was initiated first thing on Saturday following reports of a person in difficulty in the area...

News2 weeks ago

Newgale pub fire: Cause undetermined, but ruled accidental

THE MID and West Fire and Rescue Service (MAWWFRS) has recently concluded its investigation into the fire that devastated the...

Popular This Week