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Local Government

Councillor suspended for four years after tribunal finds code breaches

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Ombudsman-related hearing told actions had “detrimental” impact on council

A NEYLAND town councillor has been suspended from office for four years after a tribunal found he had breached the code of conduct.

The decision was announced at Haverfordwest Court Court on Friday (Jan 16) following Ombudsman-related proceedings concerning complaints made by Mayor Peter Hay and town clerk Elizabeth Anne Matthews.

The hearing, which stretched over two days, heard evidence from the clerk and the mayor and examined a series of allegations relating to Cllr David Devauden’s conduct and dealings with the council office.

Proceedings opened at 10:00am on Thursday (Jan 15) with a courtroom packed with members of the public and other Neyland town councillors. The judge, flanked by two magistrates, said he wished to deal first with preliminary matters.

Disputed bundle amended

Cllr Devauden, who represented himself, raised a preliminary point about what was described as an agreed bundle of “undisputed facts,” arguing that some entries had been written incorrectly and could be misleading.

He told the tribunal the bundle stated he had accused the clerk of “committing illegal acts against the council,” but said his position was that the clerk and others had conspired to tamper with a government document, which he described as fraud.

The judge agreed to make small amendments to the bundle in Cllr Devauden’s favour.

Clerk gives evidence

The first witness was the clerk, who confirmed her full name as Elizabeth Anne Matthews and confirmed that she had made a complaint to the Ombudsman.

In questioning, Cllr Devauden asked when they first met. Ms Matthews replied: “It was when you joined the council.”

“But that’s a lie isn’t it,” Cllr Devauden said, claiming he had met her in 2008 when she worked at the post office and that he would see her regularly.

Ms Matthews disputed this and told the tribunal she did not start working at the post office until 2025, adding that she served many customers and did not remember him.

Minutes, recordings and allegations of leaks

The hearing then moved to issues around access to council minutes and recordings.

Cllr Devauden told the tribunal he had asked for minutes but said they were not provided. Ms Matthews said he had asked for minutes covering a number of years and that it was not something she could do immediately while busy.

Cllr Devauden argued that minutes should be provided “on demand,” referring to what he said was the position under the Local Government Act. Ms Matthews replied that while minutes had to be provided, it was “within a reasonable time,” rather than instantly.

Ms Matthews was also questioned about why she had not passed over recordings requested by Cllr Devauden. She told the tribunal she was concerned about protecting the council and said she believed he had been leaking information to the press. She said press coverage of Neyland Town Council had “always been negative,” and alleged that Cllr Devauden was the source.

Cllr Devauden denied leaking information and said he had only been to the newspaper on two occasions and that each time his name had been included in the reporting.

Allegation of intimidation denied

The tribunal heard an allegation that Cllr Devauden had shouted at Ms Matthews when she refused to provide minutes.

Cllr Devauden denied shouting and told the tribunal it was “your word against mine,” adding that he had walked out of the office and thought to himself that the situation was “toxic.”

Ms Matthews alleged that after requesting minutes Cllr Devauden remained in the office, threatening to report her to the police, standing in the doorway and leaving her feeling she could not escape. Cllr Devauden denied threatening her. Ms Matthews told the tribunal the matter was “in the emails.”

When challenged on her evidence, she said: “What is written in my statement is true according to my absolute belief.”

Mayor called to the stand

Mayor Peter Hay was the next witness to give evidence. He confirmed he had also made a complaint against Cllr Devauden.

The tribunal heard evidence relating to Remembrance Sunday arrangements, including why Cllr Devauden had not been selected as parade marshal and why he did not read the order of wreaths.

Cllr Devauden said he had carried out the role for “ten or 15 years,” while the mayor said he believed it had been done once before.

The judge questioned the relevance of the line of questioning and asked Cllr Devauden where it was leading. Cllr Devauden said he wanted to prove the mayor was a “pathological liar.”

Cllr Devauden referred to the claim that councillors had been told they had to choose between him or “the band” as the reason he was overlooked. Mayor Hay told the tribunal he did not mean the Milford Haven Town Band and said he did not know which organisation had complained.

“Whether it was the Cubs, the Brownies or the Scouts, I’m not sure who complained about Cllr Devauden,” he said. “I do not engage in tittle-tattle. I just knew a complaint had been made.”

With no further questions considered relevant at that stage, the judge directed that the mayor could step down from the witness box and take a seat at the back of the courtroom. The hearing then adjourned briefly.

Evidence over documents and disputed dates

Banned from being a councillor for four years: Cllr David Devauden

After the break, the hearing returned to evidence relating to requests for council documents and allegations surrounding access to information.

The court heard reference to a witness statement dated Friday, April 19, 2024, which included mention of ‘Sarah’s Law’. During questioning, one witness told the tribunal she had not been well at the relevant time.

Cllr Devauden challenged aspects of the evidence, including uncertainty over dates. He told the tribunal that without a clear date he could not properly respond, asking how he could “admit or argue” evidence where timings were disputed.

There were also references to whether Cllr Devauden had asked for information about individuals, which he disputed, and further discussion about requests for historic minutes and access to recordings, including what could reasonably be provided and when.

The hearing also heard exchanges about whether individuals felt intimidated during interactions at the council office, which Cllr Devauden denied.

“Nearly eighty” and unrepresented

Cllr Devauden appeared without legal representation during the two-day hearing and at times seemed to struggle with the tribunal process. In evidence he told the tribunal he was “nearly eighty” and added: “My brain is not as quick as it used to be.”

Observers in court noted that he did not mount an effective cross-examination of witnesses and was repeatedly directed back to the issues the tribunal was required to determine. As a result, wider concerns about council governance — which have been the subject of public controversy in Neyland in recent months — were not explored in detail during the proceedings.

Tribunal retires to consider sanction

When the tribunal returned on Friday morning, the judge questioned Cllr Devauden about his understanding of the authority of the tribunal and the impact of his actions.

“Do you understand the authority of this tribunal?” the judge asked. Cllr Devauden replied: “Yes.”

The judge asked whether he recognised the impact his actions had had and whether he could understand why he was in breach. Cllr Devauden told the tribunal he may have been in breach in 2023, but said in relation to last year he believed he had seen “criminal behaviours” and had to speak out.

The judge then asked whether he wished to take the opportunity to apologise.

Cllr Devauden replied: “Yes, I am very sorry for the things I’ve done and I take full responsibility. It would be foolish not to.”

The judge and magistrates then retired.

Aggravating factors outlined

The tribunal said there were very few mitigating circumstances, noting only that Cllr Devauden had been in service for a short period and had a clean record up until the matters raised.

However, the tribunal listed a series of aggravating features. These included findings that he had taken no responsibility towards Ms Matthews, shown no respect towards the Ombudsman process, and that there had been a pattern of repeated behaviour.

The tribunal also found that he had acted constructively and wilfully to hurt Ms Matthews and said the impact on her mental health had been severe, with the hearing told she had taken time off in June 2024.

Further aggravating points included references to threatening emails sent in the week before the tribunal, an admission that he had not taken the time to read the code of conduct, and failures to follow the Nolan Principles.

Four-year suspension imposed

At the conclusion of proceedings, the tribunal imposed a sanction of a four-year suspension from office. It also ordered that Cllr Devauden undertake further code of conduct training sessions.

 

Local Government

Independent group threatens to oppose council tax plans over education cuts

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Councillors demand £2m savings removed amid safeguarding concerns in schools

THE INDEPENDENT GROUP on Pembrokeshire County Council has warned it will not support the Cabinet’s proposed council tax increases unless planned reductions to the education budget are reversed.

Cabinet has recommended a council tax rise of 4.6% for 2026/27, followed by 5% the following year and potential increases of up to 7.5% in future years. The Independent Group has criticised the proposals, describing them as a “ballot box” budget which they claim postpones difficult financial decisions for future administrations.

The group also said it had not been consulted during the budget process by Council Leader Jon Harvey, despite representing a significant number of councillors.

Safeguarding concerns raised

Cllr Huw Murphy

Councillor Huw Murphy said the group’s main concern relates to education funding, particularly following the recent placement of three Pembrokeshire schools into special measures.

He said: “The seriousness of the situation facing education in Pembrokeshire cannot be overstated. All councillors need to place school safeguarding above party politics.”

The Independent Group argues that reducing the education budget by more than £2 million would be inappropriate at a time when schools face financial pressures and scrutiny from inspectors.

The councillors have called for the proposed savings to be reinvested to help improve standards at Ysgol Harri Tudur, Milford Haven School and the Pembrokeshire Learning Centre in Neyland, as well as addressing wider infrastructure concerns including building maintenance issues at several schools across the county.

Budget pressures acknowledged

The group acknowledged efforts by the council’s finance leadership to achieve savings, noting projections that the authority could finish the financial year under budget.

However, Councillor Murphy questioned whether some efficiencies may have affected services, including education provision and safeguarding.

He also highlighted that councillors had previously reduced proposed education cuts during last year’s budget process following cross-party support.

Political tensions

The statement also criticised the position of councillors from other parties, questioning whether Labour and Plaid members would support reductions in education spending given the current challenges facing schools.

It further referenced previous proposals from Liberal Democrats councillors for higher council tax increases to protect school funding, suggesting the current position appeared inconsistent.

The Independent Group says it will only support the budget if education cuts are removed, placing what it describes as safeguarding, wellbeing and educational attainment as its priority

Council response

Cllr Alastair Cameron, Cabinet Member for Finance responded by saying: “All 60 Councillors will have the opportunity to have their say (and vote) on the budget this coming Friday (20th February).

“Cllr Murphy was invited to meet to discuss the budget in the Autumn. He was invited again on the 20th January. There has also been ample opportunity for all Members to engage in the budget setting process through a series of Members seminars.

“The budget proposed provides an additional £4.7m in funding for schools across Pembrokeshire next year and this is on top of an additional £5.9m provided last year and an additional £7.7m provided the year before.

“This year’s budget strikes the right balance between supporting key services and keeping council tax rises manageable.

“As the Leader said last week the administration is very aware we cannot keep asking residents to pay significantly more and it is our intention to get back to Council Tax increases that are broadly in line with inflation.”

 

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Local Government

Search begins for five bodies possibly buried beneath County Hall car park

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A SEARCH is underway to determine whether the remains of five executed prisoners from the nineteenth century may still lie beneath a council-owned car park in Carmarthen.

A deep-ground scan was carried out at the Carmarthenshire County Hall site on Sunday (Feb 15), where the former Carmarthen prison once stood. The investigation is focusing on the possible burial locations of four convicted murderers and one convicted forger who were executed between 1818 and 1894, when prison gardens occupied the land now used for parking.

The survey was conducted using a digital ground-penetrating radar system operated by Shane Gwilt of Leica Geosystems. The findings have been sent overseas for specialist analysis, with results expected within the next week.

County Hall stands on the historic site of Carmarthen Gaol, which closed in 1922. Although the prison buildings were demolished in the 1930s, local historian and former Mayor of Carmarthen, Richard Goodridge, believes the bodies were never exhumed and may remain in their original graves.

Carmarthenshire County Council has confirmed it has no intention of disturbing or removing any remains should they be identified.

Richard Goodridge, Shane Gwilt & Alun Lenny at County Hall, Carmarthen (Pic: CCC)

Richard Goodridge said: “I strongly believe, based on the evidence and research I have carried out over the last two years, that the remains of these five convicted felons, hanged for their crimes, still remain where they were buried after their execution.

“It is the last piece of the jigsaw puzzle that, if confirmed, will lay to rest a great mystery that has fascinated Carmarthen residents for over a hundred years. It is unbelievable that the bodies were not exhumed when the prison was demolished.

“Finding them will at least bring to an end a mystery worthy of a Sherlock Holmes novel.”

Carmarthenshire County Council’s Cabinet Member for Resources, Cllr Alun Lenny, said the investigation had been carried out without disruption or cost to the authority.

He said: “The work carried out on Sunday in an attempt to discover the remains of the five executed criminals didn’t disturb the car park surface in any way and was at no cost to the county council. But it may add another chapter to the colourful history of Carmarthen as Wales’ oldest town, so we await the results with anticipation.”

 

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Business

Milford Haven-South Hook LNG gas pipeline gets green light

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THE FINAL stage of a call for a 1.5km hydrogen gas pipeline in Pembrokeshire in connection with a previously granted scheme for green energy production has been given the go-ahead by the national park.

Late last year Pembrokeshire County Council approved a scheme by Zurich-based MorGen Energy Ltd, previously known as H2 Energy Europe, sought permission for a 1.5km six-inch 10-bar low-pressure hydrogen pipeline and associated Above Ground Installation at the Impala Terminal, Milford Haven to the South Hook Liquid Natural Gas (LNG) Terminal.

A supporting statement through agent Fisher German said the scheme crossed both Pembrokeshire County Council and the national park authorities, with a similar application before that authority.

It added: “The proposals form part of the West Wales Hydrogen project, where planning permission was granted on October 6, 2023, for the development of a new 20MW hydrogen production facility at the Impala Terminal (formerly Puma Energy) in Milford Haven.

“The approved hydrogen production facility which uses electrolysis to split water into hydrogen and oxygen, where the oxygen is a by-product of the process.  The hydrogen production plant will produce 1,875 tons of hydrogen per year. Hydrogen will be distributed via high pressure vessels (40 ft. containers) to various customers in the closer vicinity, opening the hydrogen market to a large variety of customers.

“Hydrogen will also be distributed to the South Hook LNG Terminal and it is proposed that this will be via a new six-inch 10-bar hydrogen pipeline. The option to supply hydrogen to the South Hook LNG terminal via high pressure hydrogen containers was dismissed due to safety considerations at the terminal.

“This application therefore seeks planning permission for a section of below ground hydrogen pipeline within the jurisdiction of Pembrokeshire County Council, which comprises the north part of the route from the hydrogen plant at Impala to the South Hook LNG Terminal, alongside an AGI at the Impala Terminal.”

An officer report accompanying that approval said the southern part of the proposed pipeline was within the jurisdiction of the Pembroke Coast National Park Authority.

A national park officer report for that part, recommending approval, said its section of the pipeline “is a linear parcel of land comprising approximately 0.994 hectares,” adding: “It is mainly the location of a disused railway, now overgrown with scrub and grassland, in the open countryside.”

It added: “The development site is cross-boundary, situated primarily within the jurisdiction of the Pembrokeshire Coast National Park Authority (the south-west extent), with a small section of the proposed pipeline (and an above-ground installation (AGI)) within the Pembrokeshire County Council (PCC) LPA area (the north-east extent).”

The national park side was conditionally approved by planners.

 

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