Cashing in: Bryn Parry Jones

PEMBROKESHIRE COUNTY COUNCIL was thrown into chaos on Wednesday (Oct 29) when the controversial settlement agreement with Chief Executive Bryn Parry-Jones was ruled UNLAWFUL by the Wales Audit Office. Focussing on the proposal to compensate Mr Parry-Jones for loss of pay supplements he had previously deemed unlawful, Anthony Barnett from the Wales Audit Office, issued what he described as an “unprecedented” note debarring the Council from proceeding with the payment.

However, in a surprising twist, the Council says it has now reached agreement with the Wales Audit Office and the settlement agreement will proceed as scheduled.

A Council spokesperson told The Pembrokeshire Herald that the Council and its legal advisors have been in discussion with the Wales Audit Office since BEFORE the meeting of Council on 16^th October and have “reached a consensus with the Auditor”.

The spokesperson concluded: “The Council will not be incurring any unlawful expenditure.”

The revelation that the Council was discussing matters with the Wales Audit Office before October’s vote is sure to raise many more questions about the majority group’s commitment to investigating the serious allegations made against Mr Parry-Jones.

Speaking on Wednesday, Labour leader Cllr Paul Miller said: “The Welsh Audit Office has backed up what it has been saying all along and has declared Bryn Parry Jones’ pay-off from Pembrokeshire County Council as “unlawful expenditure.” After speaking with Anthony Barrett (the Appointed Auditor) on the telephone tonight, he informed me that his concerns over unlawful payments focused specifically around the pension contributions that formed part of the settlement. Contrary to reports by the council that a deal had been struck, he also confirmed that it had not and that he still sees the pay-off as unlawful.”

Cllr Miller added: “As I said in my response to Jamie Adams’ comments that he believes the payoff was the right thing to do – the payments were unlawful, nothing has changed and Bryn should finish being investigated for gross misconduct. Bryn’s position is clearly untenable while this sorry saga drags on but we now have a chance to make sure this unjust and “unlawful” pay-off doesn’t go ahead.”

Cllr Miller concluded by saying: “The council have released a statement tonight claiming that they have changed some of the wording in the settlement and the Auditors concerns are now resolved. I have spoken personally to the Deputy Auditor General for Wales, Mr Anthony Barrett, twice this evening and he has confirmed that he has not agreed to remove the stop notice and will not be doing so while the element relating to the Chief Executive’s pension remains in the agreement.”

Cllr Jacob Williams said on his blog: “I have spoken to Mr. Barrett this evening and he confirmed that contrary to the council’s statement, no agreement had been reached but that ‘a number of options’ were available to resolve the impasse, which may require an extraordinary meeting for all councillors to re-ratify a new deal.”

“Mr. Barrett also told me, among other things, that he raised his concerns over the content of the settlement agreement with officers PRIOR to the meeting on the 16th where the golden handshake was approved. Needless to say, councillors were NOT informed about this during the secret debate, despite several questions being asked – I can say this with some certainty as I was one of the councillors who queried this very topic.”

He added: “I have also become aware of other matters this evening, relating to the settlement agreement and the original pension opt-out scheme dating back to February, that I certainly intend to pursue.”

Cllr Bob Kilmister commented on the developments, saying: “The decision of the Appointed Auditor Anthony Barrett to issue an Advisory Notice to Pembrokeshire County Council halting the agreement to terminate the employment of Chief Executive Bryn Parry – Jones because it is in his view “unlawful” looks like yet another avoidable crisis for the Council and especially the Leader Jamie Adams. During the secret debate held on Oct 16, I asked Jamie Adams if this settlement had been cleared by the Welsh Audit Office, as we could not afford any more expensive interventions. His reply as recorded by the minute taker was: The Leader’s response to your query was that the S151 Officer and WAO had discussed the matter.  That he was not privy to those discussions, but understood they were accepting of the position.  They were mindful that Members have all information and that is why he encouraged the opportunity for the presentation by Eversheds on the strengths and weakness of the DIP. He also stated that the Public Services Minister had had the opportunity to see the settlement.”

Cllr Kilmister added: “Eversheds made no comment at all following my question. Part of the settlement concerned pension payments which had already been deemed “unlawful” by the Welsh Audit Office.  It was therefore extremely predictable that the WAO would come to the same conclusion again, which is why I queried the matter.  This looks like it could become another avoidable and costly fiasco.”

He concluded: “Many members were persuaded by the argument that voting for the settlement would bring about a swift and speedy end to this issue.  This now looks a forlorn hope.  I repeat my call for Jamie Adams to resign and for a new broad based administration which can provide the county with the fresh start to be formed.”