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Rapist councillor to appeal child sex conviction

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THE FORMER Mayor of Pembroke and convicted child rapist Dai Boswell is to appeal his conviction of historic child sex offences.

The Herald has been told by Pembrokeshire County Council that Boswell lodged an appeal against conviction and sentence last week.

The St Mary North representative’s conviction had led to calls on social media for him to be somehow ‘sacked’ as a councillor.

However, due to a 46-year-old piece of legislation, Boswell is still able to receive his allowance as a member of the County Council and there is nothing the Council can do to stop it.

The fact that the former Mayor of Pembroke, who has been convicted of a string of historical sex offences is able to continue to receive his allowance has caused understandable outrage. However, PCC are powerless to remove him as a councillor due to the terms of the Local Government Act 1972.

The power to amend the legislation and change the criteria for when a councillor may and may not remain in post is under the control of the Welsh Government, and amending the law would require specific legislation to the Welsh Assembly, which is now in recess.

The law currently means that steps to disqualify a councillor can only be taken if they fail to appeal to the conviction within 28 days of sentence being passed upon them – in Boswell’s case that no longer applies.

As he is appealing his conviction, Boswell cannot now be disqualified under the provisions of the relevant part of the Act covering disqualification until the conclusion of the appeal process and only then if his conviction is upheld.

To heap further misery upon the Council – which is copping an extraordinary amount o​f​ criticism – there is nothing it can do to either short-circuit that process or to take steps that would amount to going behind it by suspending the paedophile councillor until the end of his appeal.

When we asked the County Council to explain the position for our readers, a spokesperson told us: ​”​Pembrokeshire County Council is aware that there is some speculation around the position of Councillor David (Dai) Boswell following sentencing on 13 July for extremely serious sexual offences against two children.

“Unless the Councillor resigns from his position, the Council can only disqualify a Member if, since election, he has been convicted of an offence and has been sentenced to imprisonment for a period of not less than three months.

“Conviction is deemed to occur on expiry of the period allowed for making an appeal or application with respect to the conviction (the defence has 28 days in which to serve an appeal notice following conviction), or the date on which such appeal/application is finally disposed of. Councillor Boswell submitted a notice of appeal against all convictions and sentence on 16 July​.

​”​Councillor Boswell retains his seat and is currently entitled to receive a salary. The Council cannot declare a vacancy until the appeal process is completed or, if the date is sooner, the date six months from which he has failed to attend a meeting of the Council, that date being 23 October 2018​.”​

In short, due to the way the Local Government Act was drafted almost half a century ago, a ‘conviction’ does not become what might be deemed ‘a final conviction’ until after a failed appeal and Boswell remains a councillor until that point and entitled to his remuneration as such.

However, a possibility remains open for the Council to pursue in order to rid itself of Boswell in a few months’ time.Under the law, if a councillor fails to attend a meeting for a period of six months, they can be removed and a by-election called.

Child-rapist Boswell last attended a meeting of the Council on April 23.The period of six months for disqualification runs forward from that date and continues to run at the same time as any period following conviction, sentence, and/or appeal. It is highly unlikely that any Judge would even consider an application to set aside any decision by the Council to remove Boswell from his Pembroke St Mary’s seat after the six month period had elapsed, unless further assurances had been given to Boswell by Council officers in relation to the rule’s operation upon him before St George’s Day or afterwards.

We asked the NSPCC whether they were actively lobbying for a change in the law to prevent such a scandal occurring again.

An NSPCC spokesperson said: “Boswell was convicted of appalling sex offences against children and it is right that he now faces many years behind bars where he cannot harm others.

“It is wrong that someone convicted of sexual crimes against children can continue to serve as an elected official for any period of time and we support a change to the law to ensure situations like this are not repeated.”

The key point is that it is a change in the law which is required, not unilateral and unlawful action by the Council, however well-intentioned.Moreover, the WLGA developed the same point in its press statement on the Boswell case.

After pointing out the extreme rarity of cases such as Boswell’s, a WLGA spokesperson said: “The issue in question is a legal anomaly in the current framework that needs to be urgently addressed. A guilty verdict does mean an automatic disqualification, following a 28-day window for a possible appeal.

“This is where the problem is located and needs urgent review, especially as this deplorable offence is a fundamental breach of the statutory duty that councillors have to ensure that all children within local authority areas are safeguarded and protected.”

Meanwhile, councillors will be ruing the advice tendered to Boswell by Monitoring Officer Claire Jones last year – namely, that he did not have to attend council meetings as seminars would do – that issue now is more to do with the confidence they can have in the Monitoring Officer.The Herald has spoken to a number of councillors, all of whom are less than impressed by the position into which the Monitoring Officer’s advice to Boswell has placed them, with one suggesting it would be hard for Ms Jones to regain members’ trust in the validity of her judgements in light of the mess.

Those feelings are intensified by the fact that had Boswell applied for a leave of absence under the rules, as a person innocent until proven guilty it would have been bound to have been granted. It is possible that in seeking to avoid one unpopular decision, a ‘solution’ was reached which has now come back to bite those officers involved in the original decision. A decision upon which no councillors were consulted.

That confidence will have been further eroded by the extraordinary debacle that saw members of the Council’s staff scuttling around County Hall to find records and a dramatic reinterpretation of the status of a sandwich lunch attended by Boswell in November 2017 before James Goudie QC was able to support the Monitoring Officer’s peculiar interpretation of the rules and regulations.

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Withyhedge Landfill faces political allegations and regulatory enforcement

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STEPHEN CRABB MP has vociferously criticised the Welsh Labour Government for its management of the Withyhedge Landfill in Pembrokeshire, claiming it has turned the area into a “dumping ground” for waste from across Wales. Mr. Crabb, supported by Paul Davies MS, alleges that substantial lorries deliver waste daily to the site, causing significant distress to local residents. The MP has repeatedly written to the First Minister, demanding immediate intervention, yet claims to have received no response.

Compounding the controversy, Mr. Crabb highlighted a substantial £200,000 donation to Vaughan Gething’s recent election campaign from the landfill’s owner, questioning the impartiality of regulatory practices. Despite ongoing political efforts, Mr. Crabb asserts that resolution lies solely with the Welsh Government, which has the ultimate authority to address these grievances.

Meanwhile, Natural Resources Wales (NRW) has escalated its enforcement actions against the site’s operators, Resources Management UK Ltd (RML), amid persistent community complaints about odour and gas emissions. A recent Regulation 36 Enforcement Notice demands a series of remedial actions by RML, with deadlines stretching into May 2024. These measures focus on improving the site’s gas management infrastructure and capping exposed areas to mitigate odour issues.

Huwel Manley, Head of South West Operations at NRW, expressed understanding of the community’s frustration, emphasizing the urgency of the required actions. “We are committed to ensuring RML Ltd. deliver these actions rapidly and effectively. Continued non-compliance will lead to further measures, potentially including a suspension of the environmental permit,” stated Mr. Manley.

Pembrokeshire County Council, represented by Chief Executive Will Bramble, also voiced disappointment over the ongoing issues, affirming full support for NRW’s stringent enforcement steps. The Council and NRW are working closely to monitor the situation and have encouraged the public to report any odour incidents promptly to aid in effective resolution.

As the deadline approaches, all parties involved are under increasing pressure to demonstrate tangible improvements and ensure the health and well-being of Pembrokeshire residents are prioritised.

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

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

The police said: “After careful consideration of all the information and expert advice that has been made available to us, a joint decision has been made by all agencies involved that the search for Luke will now conclude and will consist of intelligence led enquiries in the coming days.

“Whilst this is an extremely difficult decision to make, we are satisfied that we have done absolutely everything we possibly can to try and locate Luke. His family have been informed of this decision and our thoughts remain with them at this difficult time.

“I would also like to reassure the public that in addition to the searches that have taken place at the estuary, a team of Police Officers have been conducting extensive enquiries in Pembroke Dock since Luke was reported missing.”

Meanwhile the family has made a heartfelt plea for any information that might help trace his last known movements.

Emma Dewhurst has issued an urgent appeal for information that could help track her nephew Luke’s whereabouts, last seen in the early hours of Saturday morning. Describing Luke as “jovial, kind, soft, and timid,” she reflects on his vibrant personality and gentle nature, noting his resilience and determination to push forward in life. “He is strong. He didn’t give up easily and kept going in his life,” she affirmed.

The family is reeling from the shock of Luke’s sudden disappearance. “We are all so shocked and upset,” Emma stated. “It’s profoundly distressing.”

In an effort to find Luke, his father has made the long journey from the north of England to Pembrokeshire. The emotional toll is evident, as Emma revealed, “His dad is devastated, and my mum [his grandmother] is in pieces.”

Luke was last recorded by CCTV at 6am, four hours after he left his accommodation. Emma is desperately calling on residents to review their CCTV or doorbell footage, hoping for any clue that might explain his movements during those critical missing hours. “Where has he been in that four hours?” Emma implored. “We need to fill these gaps to piece together the facts.”

She recalls Luke’s last day before he vanished, spent with his mother, ending with future plans unfulfilled. “It isn’t in his nature to just disappear,” she said. “We can’t give up. We all love him, miss him, and want him back safely.”

Emma also expressed a poignant message for Luke, should he be out there, feeling unable to come home: “If you don’t want to come home, at least reach out to someone. Let us know you are okay. That’s what my brother would want.”

If you have any information on Luke’s last known whereabouts, please contact Dyfed-Powys Police at 101, email [email protected], or reach out online at https://orlo.uk/RlB5o. For those wishing to remain anonymous, you can contact the charity Missing People at www.missingpeople.org.uk.

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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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