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Councillor ‘right’ to question chairmanship

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Are you a lawyer? Audit Chair Peter Jones asked Cllr Williams

Are you a lawyer? Audit Chair Peter Jones asked Cllr Williams

THE WALES AUDIT OFFICE has determined that Cllr Jacob Williams was right to question whether Cllr Mike James could chair the December meeting of the Audit Committee.

Lay member and Chair, Peter Jones did not attend December’s meeting of the key Council committee and Vice Chair Mike James stood in for him. Legal advice from the Acting Head of Legal Services, Claire Incledon, was that Cllr James could chair the meeting in Mr Jones’ absence, despite being a member of the ruling group. The relevant rules state no member of the ruling group can chair the Audit Committee.

Cllr Williams questioned Ms Incledon’s advice at the time and at Thursday’s (Feb 5) meeting of the Audit Committee the Wales Audit Office said that his assertion that Cllr James’ membership of the IPPG debarred him from chairing the committee was correct.

In the interim period since December, the Council sought advice from Bristol barrister Simon Morgan, of St John’s Chambers. Acting Head of Legal Services, Claire Incledon, declined to go through the report prepared for the committee members and asked for questions straight away.

Cllr Jacob Williams asked that the legal advisor take them through the report. but that was not supported.

Richard Harris from the Wales Audit Office said: “We’ve seen the legal advice that has been given to the council, we haven’t taken legal advice. We have spoken to the Welsh Government; In terms of the letter of the law we think that the process does need to be refined.

“The Welsh Government have spoken to us and they’re looking at the guidance they provided and from what they are saying it is not clear. Their view was that the person who chaired the meeting shouldn’t be part of the ruling group.

“The Welsh Government are going to look at it again, there are three other counties across Wales who are in the same position and they will try and clarify the guidance they put forward”.

Chairman Peter Jones said: “It’s not as good as it should be, it needs improvement and that is in hand”.

Claire Incledon said: “I welcome the challenge from Cllr Williams. It has brought this to our attention, I have given my interpretation on the law and that’s also been supported by this advice from the council and as the WAO has explained has enabled us to see that there are matters lacking in regards to the implementation and the wording used with regards to the 2011 measure. It needs addressing and leaves us in a position with regards to the recommendations in the report whether we want to seek steps as suggested or waiting for the outcome of the update”.

Cllr Jacob Williams said: “I am disappointed with what’s happened here. The Local Government Measure is clearly designed to prevent a member of a ruling group from chairing a committee.

“We would all agree that this is the committee but under this lawyer’s external opinion that is not the case, he says this is not a committee, it’s a meeting of the committee. You or I wouldn’t make that distinction. It’s a wacko distinction, in my view, because when Cllr James sat in the chair at the start of the December meeting, I was aware of the measure which intended committees not to be chaired by members of the ruling group. I raised an objection and Ms Incledon’s view was that the rule requiring the meeting to be chaired by a non-ruling group member only applied to you chair, Mr Jones, as the appointed chair and that it didn’t apply to anybody else.

“I find it interesting that Mrs Incledon would come today and say that her view was supported, because that isn’t what the external barrister says. The external barrister says that rule didn’t apply to Councillor James because he was not chairing the committee, he was only chairing a meeting of it. That, to me, is bizarre: I don’t accept that this is a loophole because the measure also says that if, for instance, myself or Cllr Woodham had not been there, a member of the ruling group could chair the meeting if there were no other alternatives, but a member of the executive group could not under any circumstance. The reason for this is that the Welsh Government, when they made this legislation, wanted to drive a wedge between the executive and this important committee.

“I also find it a bit of a concern that Mr Harding said that the rule doesn’t apply to Cllr James. I find it concerning that Mr Harding couldn’t understand the intention of the measure and I don’t think that’s good enough.

“The external barrister makes five points, only one of which is now relevant, and that’s whether there is a distinction between chairing the committee and chairing the meeting. He finds that there is a distinction to be made. I don’t think there is a distinction to be made. ‘It is my view that the chairing of the meeting is very different from the chairing of a committee’, that’s what he says, I cannot believe that. Basically the council has gone to this barrister and he’s provided a report to back up the internal lawyers who said that I was wrong to raise this. I am pleased that the Wales Audit Office recognises I was exactly right.

“This is an easy way out in my view and the external barrister provided a wacko report”.

Chairman Peter Jones then questioned whether Cllr Williams was a qualified lawyer.

Cllr Williams said he wasn’t but went on to say: “On this occasion I have been vindicated and I was entirely right”.

Cllr John Allen-Mirehouse leapt to the officers’ defence, claiming: “The guidelines are ambiguous and the interpretation we received from our legal adviser at the time was in fact legally accurate. It was on this advice that the committee voted.”

Using his own extensive legal experience, Cllr Mirehouse continued: “If the guidelines change in the future that will not affect the legality of that decision we took that day. The committee was properly constituted, under the law with legal advice.

Graciously acknowledging Cllr Williams’ contribution to highlighting the issue, the Hundleton representative concluded: “He raises a good point that the measure is ambiguous. The Welsh Government have said they are going to re-draft it. I can see what he is saying that the legislation is ambiguous but that was not the law”.

Chairman Peter Jones added: “We are where we are; the committee took advice and acted on that in good faith.”

Ignoring the findings of the Wales Audit Office, he concluded: “The advice was supported and my advice to this committee is that we should await the outcome of the ongoing deliberations and then we will revisit the issue”.

It was not clear whether Mr Jones’ advice was intended as legal advice to the Committee members.

Mr Jones’ proposal was supported by his former client Cllr John Allen-Mirehouse and by Council Chair Tom Richards; Cllrs Guy Woodham and Jacob Williams voted against it.

 

4 Comments

4 Comments

  1. Flashbang

    February 24, 2015 at 10:33 pm

    The audacity and arrogance of the IPPG in trampling all over any principles of honesty and democracy is mind boggling. The fact that they have promoted a totally incompetent officer to head of Legal Services speaks volumes about their integrity. This is the same legal officer who keeps spending vast amounts of taxpayers money on external legal advice which doesn’t hold water because the wrong questions are asked. Well done Jacob for putting the microscope on this councils dishonest dealings.

  2. Ian

    February 25, 2015 at 4:08 pm

    Have to say Jacob only ever allows praise for Jacob or someone agreeing 100% with him on his web site, If he’s that picky about comments appearing he should do what oldgrumpy does and just not bother

  3. Flashbang

    February 26, 2015 at 7:01 am

    Ian, at least Jacob isn’t screwing the county out of hundreds of thousands of with dodgy dealings and and paying off scoundrels. You may well be one of his targets on the council. If so what are you doing for the benefit of the people of the county?

  4. Ian

    February 26, 2015 at 7:16 pm

    I pay my taxes, my “rates” on a Pembroke house, I have no kids in education in Pembs. indeed I only spend 3/4 months approx here, I claim nothing and I’m allowed an opinion surely?

    Jacob gets paid for being a councillor, claims his expenses I’m sure gets a LOT of publicity for himself and as such is a public figure

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News

Legal services oversight ‘not fit for purpose’ as reports call for major reform

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Independent review and Consumer Panel proposals highlight fragmented regulation, consumer harm and the need for a single oversight system

TWO major reports published within days of each other have raised serious concerns about the fragmented regulation of legal services in England and Wales.

An independent review of the Legal Services Board, published by the Ministry of Justice on July 13, found that weaknesses in regulatory oversight had resulted in “significant consumer detriment”.

The review, led by consumer rights expert Richard Lloyd, examined the performance of the Legal Services Board, which oversees frontline regulators including the Solicitors Regulation Authority and the Bar Standards Board.

It concluded that gaps in oversight had contributed to regulatory failures, with the Legal Services Board acknowledging that improvements were needed.

Three days later, the Legal Services Consumer Panel published its position paper, A Regulatory Framework for the Future, calling for the existing system to be replaced by a single regulator covering solicitors, barristers and other legal professionals.

The panel also proposed a unified disciplinary process and a central intelligence function bringing together complaints, professional conduct reports and financial monitoring.

However, neither report anticipates a substantially reformed regulatory system being operational before 2029.

The findings have also highlighted the pressures already facing barristers’ chambers, which must meet direct obligations relating to anti-money laundering procedures, cybersecurity and the safeguarding of client and chambers’ finances.

Unlike many solicitors’ firms, chambers are often managed by a senior clerk and a relatively small operational team, rather than a dedicated compliance department.

Compliance information may therefore be spread across several systems, including practice-management software, spreadsheets, external cybersecurity providers and separate financial controls.

VENTRiQ, which provides operational and compliance infrastructure to barristers’ chambers, said the problems identified at national level reflected challenges already being managed within individual legal practices.

Kevin Morrow, Head of Business Development at VENTRiQ, said: “What the Consumer Panel is describing nationally, a compliance picture stitched together from systems that do not talk to each other, is what a lot of sets are running internally today.

“AML checks might be held in one place, cybersecurity managed by an outside contractor and financial safeguards recorded on a spreadsheet.

“None of it is connected or visible in one place to the person who is ultimately accountable.”

Mr Morrow said chambers did not need to wait for the introduction of a new national regulatory structure before improving their internal oversight.

He added: “Most of what is being proposed, including having one place to view risk, complaints and financial exposure together, is something a set can already put in place.

“Better-connected systems can give chambers a clearer picture of their obligations and allow potential problems to be identified much earlier.”

The Legal Services Consumer Panel said its preferred model would simplify accountability, improve information sharing and create a more consistent disciplinary process across the profession.

Its recommendations are expected to contribute to a wider debate over the future regulation of legal services and whether the current structure remains capable of protecting consumers.

 

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Health

Every child in Wales to be offered 20 school swimming and water safety lessons

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New £2 million Nofio Ysgol programme will begin in nine council areas this September before expanding across Wales

EVERY child in Wales is to be given the opportunity to learn how to swim and stay safe around water under a new national school swimming programme.

The Welsh Government has announced that its Nofio Ysgol programme will begin in September 2026, providing pupils with a minimum of 20 swimming and water safety lessons, primarily during Years 4 and 5.

The scheme is intended to address major differences in access to school swimming across Wales. Around one in five maintained primary schools currently offers no swimming lessons, while relatively few children take part in swimming activities outside school.

For many pupils, lessons organised through their school are their only opportunity to become confident in the water, learn essential swimming techniques and develop potentially life-saving self-rescue skills.

The first phase of the programme will begin in nine pathfinder local authority areas in September, backed by £2 million of Welsh Government funding.

It will then expand to as many as 16 council areas from September 2027 before being introduced across all 22 Welsh local authorities from September 2028.

The programme will include swimming instruction, water safety education and Swim Safe Cymru sessions, together with classroom resources linked to the Curriculum for Wales.

Additional support will be provided to children and communities facing the greatest barriers to participation, including pupils in rural and deprived areas, Welsh-medium schools, disabled learners and children with Additional Learning Needs or healthcare requirements.

The programme will be funded directly by the Welsh Government and delivered through participating local authorities, with national support from Swim Wales.

Announcing the Nofio Ysgol Implementation Plan for 2026–2029, Cabinet Minister for Culture and Sport Heledd Fychan said swimming was both a life-saving skill and an important foundation for lifelong physical activity.

She said: “Every child in Wales should have the opportunity to learn to swim, understand how to stay safe in and around water, and develop skills that could one day save their life.”

The Welsh Government said the phased introduction would allow councils and schools to test different delivery models, strengthen the swimming-teaching workforce, improve the collection of information and assess the programme’s impact.

The scheme forms part of the Government’s commitment to improving preventative health, physical activity and children’s mental and physical wellbeing.

Ministers said the long-term aim was to ensure that a child’s access to swimming lessons was not determined by where they lived, the school they attended or their family’s ability to pay for private lessons.

 

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News

Royal visit, Welsh choir debut and shearing victory among Royal Welsh Show highlights

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The Duchess of Edinburgh joined packed crowds at Llanelwedd as Welsh agriculture, livestock, food and rural traditions took centre stage during the four-day event

A ROYAL visit, a landmark performance by the Hawkstone Farmers’ Choir and victory for Wales in the Six Nations Shearing Championship were among the highlights of the 2026 Royal Welsh Show.

Large crowds packed into the Llanelwedd showground during four days of sunshine to celebrate the very best of Welsh and British agriculture, food production and rural life.

The Duchess of Edinburgh attended the show on Tuesday, making her first visit in her role as patron of the Association of Show and Agricultural Organisations.

A longstanding supporter of farming, food production and rural communities, the Duchess toured the showground and met exhibitors, staff, volunteers and members of the Royal Welsh Agricultural Society.

Another memorable moment came when the Hawkstone Farmers’ Choir performed the Welsh hymn Calon Lân in the main ring.

It was the choir’s first official performance in Wales since winning ITV’s Britain’s Got Talent and received a warm response from the crowd.

Livestock remained at the heart of the show, with exhibitors travelling from across the country to compete for some of the most prestigious prizes in British agriculture.

The supreme champion beef title was awarded to Charolais heifer Larahill Voiet, exhibited by Mike and Melanie Alford and bred by John O’Connor.

Corringham Lambda S Gremlin, a Holstein cow bred and exhibited by A Salter-Chalker and David Jones, was named supreme champion dairy cow.

In the sheep section, Arnold Oare claimed the supreme championship with a yearling Suffolk ewe, while the pig supreme champion title went to a Duroc bred by Morgan Halliday and exhibited by Pigs Dyfodol Pedigree.

Four days of equestrian competition culminated in the Royal Welsh supreme horse championship, which was awarded to Glyncoch Capoeira, a Section D Welsh Cob brood mare bred and exhibited by Glyncoch Stud.

A new Charles Arch Memorial Award was also presented during the grand parade in memory of the much-loved Royal Welsh commentator.

Charles served the show for more than four decades and was known for his commitment to encouraging young talent and promoting the Welsh language.

The inaugural award, which recognises an outstanding young handler, was presented to beef cattle champion Iestyn Llyr Hughes.

Wales also celebrated success in the Meirionnydd Shearing Centre, where the home team won the Six Nations Shearing Championship.

Champion Shearer of Wales Gwion Lloyd Evans and Llyr Jones, led by team manager Rhys Jones, defeated teams representing England, Scotland, France, Northern Ireland and the Republic of Ireland.

New Zealand took victory in the Wales versus New Zealand Machine Shearing Test under the guidance of manager Digger Balme.

The main ring programme included the return of the Paul Hannam Quad Bike Stunt Show, while the Shetland Pony Grand National made its first appearance at the Royal Welsh.

More than 64 newly elected Members of the Senedd attended the show, reflecting the event’s importance as a meeting place for farmers, rural communities, industry representatives and policymakers.

New attractions included Cynefin, the Welsh Sheep Village, while the Food Hall showcased produce from businesses across Wales and further afield.

The Welsh Food and Drink Village, Gwledd, featured live performances from the BBC Radio Cymru stage, while the Horticulture Village hosted demonstrations and talks.

The Heavy Horse Village also celebrated the heritage and continuing importance of working horses.

Aled Rhys Jones, chief executive of the Royal Welsh Agricultural Society, described the show as a “tremendous week”.

He said: “One of the highlights was seeing the Hawkstone Farmers’ Choir perform in the main ring.

“The engagement we’ve had on social media has also been absolutely sensational, with more than two million views across our channels.

“Thank you so much to everybody who supported this year’s Royal Welsh Show and to the incredible team from the Brecknock feature county, led with great distinction by our president, Gethin Havard, and his wife Ceri.

“We are pleased with all the feedback we have received about the new additions this year, including Cynefin, our new sheep village.

“Our thanks go to everyone who plays their part in making this show so special.”

 

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