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Politics

Home Office in court: Asylum seeker’s legal team argue Penally Camp conditions are ‘unlawful’

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A COURT CASE has been filed in the High Court against the Home Office by a resident of the Penally Asylum Seeker Accommodation Centre.

The 20-year-old Iraqi national at the centre of the case has mounted a legal challenge arguing the way that he has been treated is “plainly unlawful”.

His lawyers are arguing on his behalf that an ex-army camp holding hundreds of asylum seekers is in breach coronavirus guidelines, and places residents at risk of suffering degrading treatment.

The asylum seeker’s legal team have also said that the conditions in the camps are breach the government guidelines on Covid-19 precautions, as well as placing residents at risk of suffering from “degrading” treatment due to unhygienic conditions and a lack of access to medical care.

It was revealed in court on Friday that an asylum seeker recently tested positive for the coronavirus in Penally barracks – and there was no indication that others who were in close contact were allowed, or required, to self-isolate, nor that anyone who might have been in contact had been tested and treated as required.

The Home Office has already faced a number of individual challenges from asylum seekers – at least 10 of which the department conceded before the case went to court, resulting in the claimants being moved out.

Submissions were made in the High Court on Friday (Dec 4).

The Iraqi says he was one of the first to arrive at the camp, having been moved to Penally barracks soon after it opened. He was previously housed in various hotels since he arrived to the UK in March this year.

The legal team argues that his continued stay at the camp has posed a “real risk” to his health and that there had been “no lawful or reasonable justification for removing him from suitable accommodation to the facility”.

The court was told that conditions at the camp did not allow for social distancing nor for compliance with the six-person rule, and that there was “no indication” that residents had proper access to medical care or masks, unless provided by a charity.

In documents submitted to court, the legal case is put forward as follows: “The [Home Office’s] failures arguably amount to a breach of Article 3 [of the] European Convention of Human

Rights and amount to serious mistreatment, neglect and general poor care on the part of the secretary of state,”.

They went on to state that while it was accepted that there was an “added burden” on the Home Office because of Covid-19, the department’s actions were nonetheless “plainly unlawful”.

A Home Office spokesperson said residents were staying in safe, Covid-compliant conditions, in line with the law and social-distancing requirements, and were provided with guidance in relation to self-isolation, social distancing and hygiene.

However, a lawyer acting for the 20-year old Iraqi said that while the Home Office assert that the barracks is Covid safe, it is “plainly not given the absence of even the most basic Covid precautions such as hand sanitiser.”

Shadow home secretary Nick Thomas-Symonds has condemned the decision to place asylum seekers in the ex-military facilities, calling for “proper processes for transparency and accountability” in place throughout the immigration system.

Sonia Lenegan, legal director at the Immigration Law Practitioners’ Association, said: “Since the barracks were repurposed as asylum accommodation in September, concerns have been raised about the unsuitability of this accommodation by NGOs, lawyers, medical professionals, the Welsh government, the police as well as the local community.
“It is time for the Home Office to listen to these concerns, close the barracks and move people into safe and appropriate accommodation.”
A Home Office spokesperson told The Pembrokeshire Herald: “As this is an ongoing legal case it would be inappropriate to comment further.”

The case continues.

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Community

Social housing plans for Cleddau Bridge Hotel site backed

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A SCHEME to build 38 affordable and social housing units on the site of a fire-ravaged former Pembrokeshire hotel has been backed by senior Pembrokeshire councillors.

Pembrokeshire County Council’s Cabinet, meeting on April 22, supported a contract with developer Castell Group Ltd for the mix of affordable homes and social housing units at the Cleddau Bridge Hotel site, Pembroke Dock.

Members, in a report presented by Cabinet Member for Planning & Housing Delivery Cllr Jon Harvey, heard Castell had approached the council’s housing service to determine whether there is an interest in working with them to bring forward the development as a social/affordable housing site.

Castell Construction Ltd specialises in the construction of affordable / social housing, typically for registered social landlords across south Wales, and hopes to build 12 one-bedroom flats, 15 two-bed houses, five three-bed, two four-bed, and four two-bed bungalows.

The development package would be part-funded from the housing revenue account, the remainder from the Social Housing Grant and/or second homes premium for affordable housing if it becomes available for the Housing Service to use in this manner.

Cllr Harvey – who moved approval – said the scheme was expected to provide £230,000 a year in rentals income, describing it as “an excellent opportunity to work with a proven developer for extra social housing in an area of proven need.”

Deputy Leader Cllr Paul Miller said he was supportive of the scheme, as was local member Cllr Joshua Beynon, saying: “It’s a bit of an eyesore at the moment, if we can bring this site back into meaningful use, and in an area where there is a need, I’m all in support of this.”

Members backed senior officers be delegated powers to enter into the works contract, and to have powers to proceed with the land acquisition.

If a subsequent planning permission is secured for the site, the homes could be built by autumn 2026.

In a prime location at one of the entrances to Pembroke Dock, the former Cleddau Bridge Hotel has been derelict since a fire in March 2019, which brought emergency services from as far afield as Ammanford, Aberystwyth and Swansea.

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Community

County Hall to offer space for community banking

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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.”

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Politics

Next stage of £19m Haverfordwest interchange backed

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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.

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