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Politics

Impartiality of civil service questioned

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Carwyn Jones: Knew nothing of friend and colleague's health issues

THE CONTINUING wrangle over an inquiry into the circumstances which led to the death of former AM Carl Sargeant has intensified this week after a suggestion that evidence to the QC-led inquiry was being ‘filtered’ by Welsh Government civil servants.

In the meantime, the Coroner’s Inquest into Mr Sargeant’s death opened in a way which raised a series of questions about the tactics adopted by the legal team representing First Minister Carwyn Jones and threw doubt on Mr Jones’ public statements about his knowledge of his late Cabinet colleague’s mental health.

Conservatives in the Assembly pounced on a leaked Welsh Government email which showed the Permanent Secretary to the Welsh Government, Dame Shan Morgan, telling Welsh Government staff to share evidence for the Carl Sargeant inquiry with senior civil servants first. Paul Bowen QC is investigating Carwyn Jones’s handling of the sacking of the Alyn and Deeside AM from his cabinet and in an email to Welsh Government staff entitled “support to staff”, the Permanent Secretary, Dame Shan Morgan, asks “those who believe they have evidence relevant to the investigation should bring this to the attention of David Richards, Director of Governance; Peter Kennedy, HR Director; or my office”.

Only a subsequent ‘clarification’ after the email’s leak suggested that employees could give their evidence direct to the Independent Inquiry Team without it being looked over by their senior managers.

Questioning the Permanent Secretary’s latest involvement, Welsh Conservative leader, Andrew RT Davies said: “This once again raises serious concerns over the conduct of the Welsh Government and calls into question the independence of this whole process.

“If the inquiry is to be fully independent then all potential evidence should be handed over to the QC leading the investigation, not pre-vetted by the Permanent Secretary or her minions.

“This latest communication shines a light into the dark tactics being deployed by certain individuals in the Welsh Government to influence and control the upcoming inquiry, and that is simply unacceptable.

“Carl Sargeant lost his life in incredibly tragic circumstances, and there is a responsibility on everyone involved to ensure this process is fully independent and transparent so that the family can find the answers they need to find peace with what has happened.

“The Welsh Government must apologise and immediately withdraw this instruction so people can provide evidence to the inquiry free from bully-boy tactics and intimidation.”

A spokesperson for the permanent secretary said: “We have been clear that as a civil service we will fully co-operate with the work of the IQCI [independent QC investigation], and any evidence held by staff on Welsh Government systems will be collated and transferred to the investigation in its entirety and without redaction.”

A request by The Herald for an explanation as to WHY the Permanent Secretary issued the email remains unanswered and the prospect of Wales’ leading civil servant acting ‘on behalf of the Welsh Government’ raises a substantial question about whether the right distance is being maintained between the sectional interests of the party in government and the national role of the Welsh Government as an institution.

A Plaid Cymru spokesperson responded: “This email raises serious questions about the internal processes of the Welsh Government and risks jeopardising the independence of the inquiry.

“It is vital that this inquiry remains independent, transparent and fair.

“Plaid Cymru will be urgently raising questions about this matter with the Welsh Government.”

Dame Shan Morgan has also come under significant pressure following her decision to deny lawyers acting for the Sargeant family the opportunity to cross-examine witnesses giving evidence to the inquiry.

The family of Carl Sargeant has threatened legal action after claims they had been excluded from a probe into the late minister’s sacking by Carwyn Jones.

A solicitor acting for the family, Neil Hudgell, said: “The grieving Sargeant family are losing patience and faith in the inquiry and are hurt and upset that everything they have asked for has been ignored.

“Mr Bowen can only go as far as the permanent secretary will allow and we currently have an inquiry process where there will be no effective involvement from the family. How can that be fair?”

A spokesman for the Welsh Government said: “The protocol (agreed between the Welsh Government and the Inquiry) sets out the basis on which the investigation will be conducted and enables the family and any other participant to put forward questions they wish to be asked by the investigator.”

A spokesperson for the independent investigator said: “Mr Bowen QC confirms that the independent QC Investigation will continue to run under the published Operational Protocol while this is resolved.

“Mr Bowen QC is committed to conducting a thorough and independent investigation,” the spokesperson added.

Meanwhile at the inquest into Carl Sargeant’s death, a QC representing Carwyn Jones has claimed that other women have come forward with allegations of inappropriate behaviour against the late Alyn and Deeside AM.

Those allegations, as those supposedly made before Mr Jones sacked Mr Sargeant, all have the inestimable benefit of not being subject to challenge or proper investigation. Moreover, taking the First Minister’s lawyers claims at face value leads to a substantial question of how – if the allegations have substance – Carwyn Jones remained unaware of any issue with his close friend and former colleague’s supposed conduct.

Moreover, the attempt to publicly smear Mr Sargeant, who –as before his death – has no opportunity to defend himself is, Coroner John Griffiths observed unlikely to be relevant to the Inquest process, which raises the obvious question of why it was raised at all by the First Minister acting through his lawyers.

As it is, Mr Jones’ claims to have been a close friend of Mr Sargeant, those were thrown into even deeper question by the QC acting for the Sargeant family.

Leslie Thomas QC told the inquest that the first minister must have been fully aware of Mr Sargeant’s personal issues when he sacked him, as they had been friends for 16 years.

In a statement the first minister and Welsh Labour leader said he had not been aware of any mental health illness or vulnerabilities at the time.

Carwyn Jones is due to give evidence to the inquest, an event that should provide some insight into his ability to reconcile his public and personal pronouncements with information set to be laid before the Coroner.

A request for information as to who is paying for Mr Jones’ representation at the Inquest was unanswered.

Politics

Last-minute council tax lowering to come under spotlight

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A CLAIM at last-minute use of reserves was used to lower Pembrokeshire’s council tax increase to avoid senior councillors being defeated during the setting of the council’s annual budget is to come under the spotlight later week.

Pembrokeshire County Council was facing a 16.3 per cent council tax increase when setting the council budget for 2024-’25 in March; that figure dropping to 12.5 per cent after an 11th-hour alternative budget proposal by deputy leader Cllr Paul Miller was narrowly backed.

That drop in the council tax rise was made by using additional reserves of £1.5m, as well as £1m target for council efficiency savings.

Members of the council’s Governance & Audit Committee are, at its April 18 meeting, to consider concerns raised by Councillor Huw Murphy about the budget process following that meeting, along with assurances provided responding to his concerns.

A report for members states: “On March 25 Councillor Murphy raised concerns to the Chair of the Governance & Audit Committee regarding the council’s budget setting process for the 2024-25 budget, and associated issues, which council considered and set at their meeting on March 7.

“The Chair of the Governance & Audit Committee asked the Chief Executive to review those concerns and report to the Committee to provide assurance that there were no procedural failures in the budget setting process.”

Cllr Murphy has written: “An email was sent out on behalf of the Director of Resources on Feb 1 making it clear that no alternative/amendment budget could be presented after Feb 14. However, on March 7 at full council this is exactly what occurred.”

He has raised concerns about why an alternative budget proposal was allowed after February 14, and has asked whether there was sufficient time for the accepted alternative budget to be analysed.

He says his political group advanced a potential budget alternative to use £750,000 in reserve, which was refused, with a maximum of £375,000 offered, along with a later proposal refused, claiming Cllr Miller’s £1.5m proposal may have been submitted just 18 hours before the budget D-day.

In his lengthy document raising his concerns he states: “I am also aware that some ruling group councillors arrived at County Hall very early on March 7 to possibly refine the amendment that was then put before council.

“I form my opinion on becoming aware of a councillor having been contacted repeatedly in an effort to ‘persuade’ him in the weeks before full council to support a council tax of 16.31 per cent who was contacted on two to three occasions on the morning of March 6 and bravely refused to relent and made it clear he could not support a CT of higher than around 12 per cent.

“This councillor is in the ruling group and, in my opinion, his refusal and the refusal of others on the ruling group to buckle to a CT rise of 16.31 per cent caused panic in a Cabinet now facing imminent defeat at full council the next day and as a result they drafted a last-minute alternative/amended budget to appease ruling group councillors who had rebelled.”

The report for members concludes: “There is no evidence of procedural failings in the budget setting process and the legal budget setting procedures have been adhered to. There was sufficient time for officers to properly assess the alternative budget proposed and for the S151 Officer to make a properly informed statement at Council on March 7.”

It is recommended members consider the concerns raised by Cllr Murphy and notes the assurance provided in response to those concerns, and the committee notes that there were no procedural failures in the council’s budget setting process.

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Business

Bluestone National Park Resort payments expected to end 

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A CALL to end a legal agreement for financial contributions associated with the creation of Pembrokeshire’s Bluestone National Park Resort is expected to be backed next week.

In a submitted application to Pembrokeshire Coast National Park on behalf of Bluestone Resorts Ltd, legal firm Red Kite Ltd asks for a cessation of a 2004 Section 106 legal agreement used to pay towards various projects including enhancements to footpaths and bridges.

In a supporting statement says most agreements of this type are time limited, and “today such an arrangement without a timeframe would likely not be considered acceptable by either side.

“However, no such end date was placed on this one. More recently, it was agreed between the parties that the payments would cease in 2025, also known as a ‘statement of common ground’. This is why a formal agreement now has to be made by each of the parties involved.”

The statement says that, since the agreement was made, Bluestone has paid nearly £280,000 through the agreement, adding: “As part of the Statement of Common Ground, it was agreed by Pembrokeshire County Council, Pembrokeshire Coast National Park Authority and Bluestone that a final fee of £113,000 would be paid, spread over 2023, 2024, and 2025 in annual payments of £38,000.”

A report by national park officers, ahead of the Pembrokeshire Coast National Park Development Management Committee meeting of April 24, where it is recommended for approval, says: “The applicant has applied to discharge the Section 106 Legal agreement but the supporting text notes that they applicant is agreeable to making two final payments.

“Having considered the information submitted, officers consider that provided the two final payments are received the legal agreement has served its purpose and can be discharged.

“In order to ensure the two final payments are made, a modification to the Section 106 legal agreement is supported.  This decision is supported by Pembrokeshire County Council, who have received a concurrent application which is also recommended by officers for modification.”

The report says the £280,000 figure presented by Bluestone actually amounted to £318,703.87, taking into account a 2023 payment of £38,891.73, with Pembrokeshire County Council’s S106 monitoring officer confirming the contributions have been spent on a range of public rights of way improvements, primarily in nearby Canaston Woods.

Recommending approval, the report adds: “The authority is satisfied that subject to two further payments of £38,000 to be made in August 2024 and August 2025, the obligation no longer serves a planning purpose and can be discharged and as such the obligation should be modified accordingly.”

The 500-acre Bluestone resort near Narberth has, since its opening, contributed to “more than £100 million to local suppliers, £7 million annually into the local supply chain, £13 million annually into the Pembrokeshire economy through its payroll, and more than £1.5 million spent annually on marketing Bluestone and Pembrokeshire.”

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Politics

Slurry lagoon near Boncath conditionally approved

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AN APPLICATION for a slurry lagoon near the north Pembrokeshire village of Boncath has been conditionally approved by county planners.

A H & V F Picton sought permission for a slurry lagoon and associated works at 230-acre Ty Mawr Farm, a mixed farm of a herd of dairy cattle plus followers, beef cattle, and sheep, some 150 metres north of Boncath.

A supporting statement by agent Cynllunio RW Planning Ltd said: “The proposed development seeks to increase the farms slurry storage capacity to above the five-month storage required by NVZ regulations. The existing slurry store and slurry handling facilities are not adequate to comply with the new regulations.”

It stressed the applicant does not intend to increase livestock numbers on farm as a result of the 48 by 30 metre development. 

It added: “The lagoon proposed will have very low banks and as such the proposal will not be visible from the surrounding area.  The proposed will be screened by the adjacent building and hedgerow and will have no adverse impact on the landscape in line with relevant policies of the Pembrokeshire LDP.”

One letter of objection to the scheme was received by planners, raising concerns including potential noise, odour, and the impact on property value for their property and properties within the wider village of Boncath.

An officer report said: “It is considered that the location of the development, within a rural setting, is appropriate and sustainable.

“The development allows the operation of the existing farm business and results in positive economic, social benefits and improved welfare facilities. It is considered that sufficient need is evidenced and that the lagoon is justified.”

The application was conditionally approved.

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