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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.

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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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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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