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Politics

First Minister to remain ‘ultimate judge’ of ministers’ conduct

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FIRST MINISTER Eluned Morgan has confirmed she will continue to have the final say on breaches of conduct by her ministers amid concerns about a lack of independence.

Baroness Morgan announced she will establish an independent adviser on ministerial standards but she decided against giving them power to initiate their own investigations.

She wrote to the Senedd’s public accounts committee after reviewing the ministerial code, which sets out the standards expected of members of the Welsh Government.

Baroness Morgan – who decides if an investigation is warranted, including for complaints about her own conduct – said: “The purpose of the adviser is to advise me as First Minister, not to be an independent regulator of adherence to the ministerial code.

“My ministerial team are answerable to me for that, and I am answerable to the Senedd for their and my own compliance. That is as it should be.”

This is a departure from Westminster where the independent adviser on ministerial standards was given the power to initiate their own investigations in 2024. The Scottish Government has also announced plans to give its adviser similar powers.

The FDA union, which represents senior civil servants, labelled the current system opaque and warned of a vast power imbalance between ministers and staff who raise a complaint.

In its written evidence, the trade union called for “independence of decision making… including whether to investigate” – a power Wales’ First Minister chose to retain.

The revised ministerial code states the First Minister will remain the “ultimate judge” of the standards of behaviour expected and the appropriate consequences for breaches.

Responding to the public accounts committee’s recommendations on strengthening the code, Baroness Morgan said the adviser would be guaranteed access to evidence.

But she rejected calls for own-initiative powers and concluded it was her role, not the adviser’s, to decide on the sanctions where a breach of the code has been found.

In her letter – which was published this week – she retained the option of asking the civil service to conduct an investigation instead, bypassing the independent adviser.

In the refreshed code, the First Minister has moved the Nolan principles – seven overarching ethical standards for those in public life – from the annex to the opening pages.

Reaffirming her commitment to high standards, Baroness Morgan told the committee: “It behoves those of us who operate in the political field, and very much in the public eye, to ensure that we set an appropriate example.”

She rejected calls from campaigners to put the ministerial code onto a statutory footing, a move the UK and Scottish Governments have similarly resisted.

Transparency International, an anti-corruption organisation, has called for legal protection to ensure a future First Minister cannot choose to ignore or abolish the ministerial code.

The Institute for Government said this would “reaffirm the principle that ministers are as accountable for their behaviour as the civil servants and special advisers who serve them”.

But the First Minister was conscious of unintended consequences in a shift to complaints being pursued through a legal route such as judicial review. “This would be a retrograde step for Wales,” she wrote, adding that time pressures make legislation impractical.

While calling for the “overdue” review, Mark Isherwood, who chairs the public accounts committee, said: “It’s clear the other legislatures of the UK have more robust arrangements.”

Conservative MS Mark Isherwood
Conservative MS Mark Isherwood

The revised code includes explicit rules on social media, personal devices and non-official communications channels, a key recommendation made by the committee. It also includes sections on bullying, harassment and ministers’ wellbeing.

The review follows in the wake of controversies in Cardiff Bay and Westminster, notably including the Partygate scandal which led to Boris Johnson’s downfall as Prime Minister.

Transparency International pointed to controversy surrounding donations to Vaughan Gething’s leadership campaign and informal messaging app use during the pandemic.

“Trust in politics is perilously low,” the nonprofit warned.

“Polling shows the majority of people believe politicians are ‘out for themselves’ and the system of government is rigged to the advantage of the rich and powerful.”

Climate

Fishguard ‘battery box’ scheme near school refused

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PLANNERS have refused a Pembrokeshire ‘battery box’ electricity storage unit near a Pembrokeshire town school, which has seen local objections including fears of a potential risk to nearby school children.

In an application recommended for approval at the December meeting of Pembrokeshire County Council’s planning committee, AMP Clean Energy sought permission for a micro energy storage project on land at Fishguard Leisure Centre Car Park, near Ysgol Bro Gwaun.

The application had previously been recommended for approval at the November meeting, but a decision was deferred pending a site visit.

The scheme is one of a number of similar applications by AMP, either registered or approved under delegated planning powers by officers.

The battery boxes import electricity from the local electricity network when demand for electricity is low or when there are high levels of renewable energy available, exporting it back during periods of high demand to help address grid reliability issues; each giving the potential to power 200 homes for four hours.

The Fishguard scheme, which has seen objections from the town council and members of the public, was before committee at the request of the local member, Cllr Pat Davies.

Fishguard and Goodwick Town Council objected to the proposal on grounds including visual impact, and the location being near the school.

An officer report said the scheme would be well screened by a Paladin Fence, with a need to be sited close to an existing substation.

Speaking at the December meeting, Ben Wallace of AMP Clean Energy conceded the boxes were “not things of beauty” before addressing previously raised concerns of any potential fire risk, saying that “in the incredibly unlikely” event of a fire, the system would contain it for up to two hours, giving “plenty of time” for it to be extinguished, an alarm immediately sounding, with the fire service raising no concerns.

“These are fundamentally safe, the technology is not new,” he said, comparing them to such batteries in phones and laptops.

One of the three objectors at the meeting raised concerns of the proximity to homes and the school, describing it as “an unsafe, unsustainable and unnecessary location,” with Cllr Jim Morgan of Fishguard Town Council, who had previously raised concerns of the “nightmare scenario” of a fire as children were leaving the school, also voicing similar issues.

Local county councillor Pat Davies, who had spoken at the previous meeting stressing she was not against the technology, just the location and the potential risk to pupils, said the siting would be “a visual intrusion,” with the school having many concerns about the scheme, adding it had been “brought forward without any dialogue of consultation with the school”.

Cllr Davies added: “It is unacceptable that a micro-storage unit should be proposed in this area; someone somewhere has got it wrong.”

Following a lengthy debate, committee chair Cllr Mark Carter proposed going against officers in refusing the scheme; members unanimously refusing the application.

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Climate

Fears Sageston wind turbine scheme could affect bats

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AN APPLICATION for a wind turbine nearly 250 foot high on the road to Tenby, recommended to be turned down due to a lack of information on how it could affect bats, has been put on hold.

In an application recommended for refusal at the December meeting of Pembrokeshire County Council’s planning committee, Constantine Wind Energy Ltd sought permission for a 76-metre-high wind turbine at Summerton Farm, Sageston.

Back in 2024, an application to replace a current 60.5m high turbine on the site with one up to 90 metres, or just under 300 foot, at the site was refused on the grounds its height and scale would have a detrimental impact on the visual amenity of the locality, with the additional clause of failing to comply with supplementary guidance.

A report for committee members on the latest application says the smaller turbine than previously proposed, representing a 16-metre increase in height from a previously granted turbine “would not be sufficient for it to become an overbearing feature in the landscape,” with no objections from either the Council Landscape Officer or Natural Resources Wales.

However, concerns were raised by the council ecologist that the applicant’s Preliminary Ecological Appraisal Report was incomplete.

“The Council Ecologist questions why the response received in relation to myotis bat records were not included within the initial PEA.  As such, he considers that the PEA does not present enough information on the possible presence of bats within the application site area.

“Whilst there may be negligible foraging and commuting potential, there are records of foraging on grassland within two kilometres which have positive identification of myotis bat foraging, along with greater and lesser horseshoe bat foraging.  He also notes that the application site is in close proximity to a wooded area.”

It was recommended for refusal on the grounds that appraisal report, and technical note, “do not adequately address the impact of the proposed wind turbine on bat activity in the area”.

At the committee meeting, members heard the scheme had been temporarily withdrawn to deal with issues raised, the application expected to return to a future meeting.

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Local Government

More than £3.5m of Pembrokeshire council housing purchased

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OFFICER success in attracting grant funding which has helped Pembrokeshire buy nearly £.5m in council housing in the last six months, has been praised by senior councillors.

A report presented by deputy leader Cllr Paul Miller at the December 1 meeting of Pembrokeshire County Council’s Cabinet gave members details of acquisitions and disposals in the first six months of the current financial year.

It included the purchase of 16 properties for council housing stock, to the tune of £3,470,000 and the disposal of two industrial estate plots at Waterloo, Pembroke Dock, at some £278,400.

Properties purchased are: 32 Southdown Close, Pembroke, at £115,000; 8 Hyfrydle, Letterston at £115,000; 6 Precelly Place, Milford Haven at £120,000; 50 Heywood Court, Tenby at £125,000; 33 Croft Avenue, Hakin at £130,000; 7 Hyfrydle, Letterston at £135,000; 18 St Clements Park, Freystrop at £140,000; 55 College Park, Neyland at £140,000; 26 Baring Gould Way, Haverfordwest at £146,000; 25 Station Road, Letterston at £170,000; 16 Woodlands Crescent, Milford Haven at £283,000; 26 & 27 Harcourt Close, Hook at £744,000; and 23, 24 And 25 Harcourt Close, Hook at £1,107,000.

Of the purchases, £1,851,000 is made up of five properties in Hook.

Members noted the report, Cabinet Member for Housing Cllr Michelle Bateman saying the grants-supported acquisitions programme was “increasing the supply of tenancies across the county”.

Leader Cllr Jon Harvey praised “wizards in attracting grant aid” officer success in accessing funding, adding the purchases would not stop the council continuing to build new properties across the county.

Back in September, Cabinet members backed a recommendation to enter into an agreement for the acquisition of up to 16 new build housing units as an off the shelf deal at Harcourt Close, Hook.

The proposal was the second social housing scheme recommended for approval by members at that meeting; councillors having earlier backed a scheme for the purchase of 21 affordable homes, along with an option for four intermediate units on land at Sandyhill, Saundersfoot.

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