A COMPLAINT lodged by Pembrokeshire councillor Alan Dennison against a fellow councillor has been firmly dismissed by the Ombudsman, reaffirming the right to free political speech.

Cllr Dennison, a member of the Independent Political Group (IPG), had accused another councillor—Cllr Mike Stoddart—of bringing the office of councillor into disrepute and holding a prejudicial interest during a recent Planning Delegation Panel (PDP) meeting. However, the Ombudsman ruled that the complaint had no substance, confirming that the comments in question were protected under freedom of expression laws.

The dispute stems from recent exchanges on the Pembrokeshire Council Watch (PCW) Facebook page, where criticism was levelled at the IPG’s role in pushing through a 9% council tax increase on March 6. Cllr Dennison was reportedly unhappy with Cllr Stoddart’s scrutiny of the deal between the IPG and the council cabinet, which resulted in the tax hike.

Matters escalated when Cllr Dennison challenged Cllr Stoddart over his own stance on the budget. The councillor had supported a 7.5% increase proposed by the Conservatives but did not put forward an alternative budget himself—something Dennison took issue with. However, Cllr Stoddart pointed out that the IPG had similarly voted down a 12.5% increase in 2024 without proposing their own budget, branding the criticism as hypocrisy.

PLANNING PANEL DISPUTE

The rift deepened following a PDP meeting where Cllr Dennison sought to move a planning application for Imperial Hall Ltd on Hamilton Terrace from delegated powers to full committee scrutiny. The request was unusual as it would typically be made by the local councillor, Cllr Terry Davies, who had a declared prejudicial interest in the matter.

Cllr Stoddart, who also sat on the PDP, raised concerns over Cllr Dennison’s role, noting that he was listed as an employee of Imperial Hall Ltd on his councillor register of interests. Planning officers responded that his employment had ended some time ago but had not been updated on the register.

Shortly after the Facebook exchanges, Cllr Stoddart says he received an email from the Ombudsman’s office informing him of a formal complaint filed by Cllr Dennison regarding his conduct at the PDP meeting. The complaint had two parts: first, that Cllr Stoddart had a prejudicial interest due to a past electoral contest against Imperial Hall’s director Lee Bridges, and second, that his comments about the PDP process were inappropriate.

The Ombudsman dismissed both elements of the complaint, ruling that participating in the same election nearly three years ago did not establish a prejudicial interest. The decision also reaffirmed that political speech is protected under the Human Rights Act 1998, shielding councillors from attempts to silence debate.

HISTORIC FREE SPEECH CASE

This latest case draws parallels with a landmark legal battle fought by former councillor Malcolm Calver, who was reprimanded in 2015 for criticising Manorbier Community Council’s handling of a grant-related survey. Despite his statements being factually accurate, he was found to have brought the office into disrepute.

Refusing to accept the decision, Calver took the matter to the High Court, where Justice Beatson ruled that his comments, while ‘mocking and sarcastic,’ fell under the legal protection of political speech. The ruling reinforced that elected representatives and senior council officers should expect robust scrutiny.

The case, now known as Calver v Public Services Ombudsman for Wales, has since been cited in legal studies on freedom of expression.

The tradition of defending free speech in Pembrokeshire dates back even further. The Tenby Observer played a crucial role in securing press access to council meetings, following a legal challenge against Tenby Corporation in the early 1900s. Though the challenge was unsuccessful, it led to the passing of the Local Authorities (Admission to Meetings) Act 1908, ensuring greater transparency in local government.

A WIN FOR DEMOCRATIC DEBATE

Following the Ombudsman’s ruling, Cllr Stoddart, who has written a column about the matter, has framed the failed complaint as an attempt to stifle legitimate scrutiny of the council’s decisions. He stated: “Nice try, but no cigar.”

The decision serves as a reminder that councillors must be prepared to face public accountability without resorting to complaints aimed at silencing debate.

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Cllr Mike Stoddart: Cleared of any wrong doing by the Public Services Ombudsman for Wales