News

Carmarthenshire spill the beans: QC’s legal advice published online • This is what they didn’t want you to see

Published

11 years ago

March 10, 2014

COUNCIL IN CRISIS • PENSION SCANDAL

LEGAL ADVICE given to Carmarthenshire County Council about an unlawful pay supplement given to its CEO Mark James has been published on that Council’s website.

Having entirely coincidentally made the same arrangements for their respective CEOs, both Pembrokeshire and Carmarthenshire Councils were the subject of Wales Audit Office investigations on which they took advice from the same barrister, Tim Kerr QC.

The content of the advice runs a coach and horses through the insistence of Pembrokeshire’s IPPG leader Jamie Adams that the Council acted lawfully in giving controversial CEO Bryn Parry Jones a tax break on his seven-figure pension pot.

The row over Bryn Parry Jones’ pension was the subject of the farcical Extraordinary Council Meeting held on Valentine’s Day, when an attempt to suspend the CEO pending an investigation was thwarted by an IPPG coordinated procedural stunt.

Although the advice online relates directly to the situation in Carmarthenshire, its content lays bare common and gross defects in procedure and decision-making that also affect Pembrokeshire.

Far from containing the “robust” advice that the discredited IPPG leadership claimed, Tim Kerr QC sets out that – on the basis of the information provided to him – the chances of successfully defending the unlawful payments was no better than 50-50.

The claim that the Council could lawfully assist its employees to avoid tax on their pensions by adopting the right procedure is also shown to be less than certain.

Mr Kerr concludes that if the Council wished to maintain the pay supplement it should do so only “ … after full consideration, with detailed advice from junior counsel, the involvement of external consultants, a full equality impact assessment, and a fresh decision, as far as possible excluding the participation of senior officers eligible for the pay supplement. But if the fresh decision is again to offer the pay supplement, the WAO or the auditor could still challenge it as intrinsically unlawful. Again, it would be advisable to write to the WAO in appropriate terms.

“In my view, the prospects of defending the legality of the pay supplement would be materially increased if the procedural issues were fully addressed and a fresh decision made. There would still be a risk of a finding that the pay supplement is intrinsically unlawful … the question turns ultimately on the adequacy of the evidence to show that the pay supplement is likely to enhance the Council’s ability to recruit and retain good senior officers.”

When advising the Councils on the procedure adopted when awarding the pay supplement, Mr Kerr writes:

“Some of that evidence [to support giving the unlawful “pay supplement”] is rather thin. The decision was not preceded by thorough research.”

The advice runs in the teeth of assertions made by the IPPG leadership in the media and in the Council chamber that the Council’s problems could be solved by simply re-running the process.

In addition, Mr Kerr identifies the risk that the Council potentially risks undermining the pension fund, stating that:

“The notion of compensating members of the workforce for leaving the LGPS by a salary rise equivalent to saved employer contributions could damage the pension fund by acting as an incentive to leave the LGPS. It is not in the interests of the Council’s fund members collectively for their fellow members to leave in droves.”

Tim Kerr QC also concludes that there are several areas of “risk” for the Council, not least the absence of documentary evidence to back up the flawed decision, to properly inform those Committee members who ended up acting unlawfully, and the failure to carry out a proper equalities assessment before reaching it.

Such is the cost of embarking on what Tim Kerr QC notes is an uncertain exercise, it remains to be seen just how much money the affair will end up costing Pembrokeshire’s Council Tax payers. The cost of the arrangements now appear to far outweigh any possible benefit to Pembrokeshire’s Council Tax payers.

The publication of the advice in Carmarthenshire raises questions as to why the IPPG denied Pembrokeshire’s electors the chance to form their own conclusions on the content of Leading Counsel’s advice.

Charity

Over 1,100 festive bathers enjoy Tenby’s famous Boxing Day Swim

Published

3 hours ago

December 26, 2024

Tom Sinclair

A RECORD-BREAKING number of 1,150 festive bathers have had a splashing time in the Tenby Boxing Day Swim this morning.

The fancy dress theme of Superheroes – in tribute to the RNLI in its 200th anniversary year – saw Batman, The Incredibles, Wonderwoman and a whole crew of emergency services dashing into the chilly water of Tenby’s North Beach.

RNLI mascot Stormy Stan was there amongst the huge crowds to cheer the brave bathers on their way.
The swim will be one to remember forever for one duo of dippers as they got engaged following a surprise proposal on the sand.
Brazilian Jiu-Jitsu coach Philip Frith, 34, made one of his best-ever moves when he popped the question to his girlfriend, former professional dancer Victoria Tansey, 34, who is originally from Hakin.

Said swim chairman Sam Skyrme-Blackhall: “”Well, we said ‘come to the Tenby Boxing Day Swim and take the plunge’ but we weren’t expecting that! Congratulations to the happy couple”.
The swim has raised hundreds of thousands of pounds for charities and good causes in its 52-year history, and this yeae’s event will see Tenby RNLI as the main beneficiary.

Town mayor Dai Morgan said: ”It’s great to see so many people from here, and for such a good cause. I just love it down on the beach on Boxing Day. The swim is such a fantastic tradition.”
The mayor’s daughter, 18-year-old Erin Morgan, who is Tenby’s town crier, gave a special ‘cry’ to welcome the swim.

Swim chairman Sam supervised 10-year-old Sam Fecci as he fired the swim’s starting pistol – a duty usually carried out by his dad, Stuart, who was not well enough to attend.

Festive tunes and a lively commentary from DJ Steve Briers ramped up the atmosphere on the beach and swimmers emerged from the sea to be presented with commemorative medals and warm up with hot soup donated by the Giltar Hotel and served up by Tenby and District Lions.

‘Taking the plunge’ at a festive swim in Wales this morning meant more than just a dip in the sea for one happy couple.

As hundreds of Boxing Day bathers at the legendary event in Tenby dashed for the water, a magical moment was happening between Victoria Tansey and Philip Frith.
Philip, 34, went down on one knee on the sand and asked Victoria, 37, to marry him.

Fortunately, she said an ecstatic ‘yes’ to the carefully-planned proposal, which saw the couple’s special song Ocean Eyes y Billie Eilish sound out over the beach as the newly-engaged couple celebrated with a splash in the sea.

As a former Royal Marine Philip – who is now a Brazilian Jiu Jitsu coach – has faced some scary situations in his life but the Boxing Day proposal was up there with the most nail-biting.
“I’ve been so nervous/special moment.

Victoria, originally from Hakin, Milford Haven in Pembrokeshire, worked as a professional dancer – appearing on the X Factor, Britain’s Got Talent and Pineapple Dance Studio: Survival of the Fittest -and before setting up her own entertainment agency.

Although now living in Guildford with Philip, she has always loved returning to her Pembrokeshire roots

“When we first met, Victoria couldn’t wait to show me all around Pembrokeshire and we have made the trip as often as work would allow us, to visit her family, go beach hopping and take in the breathtaking scenery,” said Philip.

“I absolutely love sea swimming, I believe that it is so worthwhile for your body and mind, however Victoria has never been one to enjoy the cold!

“So, on our first Christmas together as a couple, Victoria surprised me by taking me to Tenby for the Boxing Day Swim – it’s honestly one of my most fond memories from the start of our relationship!

“I wanted to return her the favour of surprising her by proposing to her at this year’s swim.”

Victoria’s mum and her childhood best friend , Sean Griffiths – who she set up Milford Haven’s Unison Dance Group with in 2004 –were on the beach to watch the proposal, with Sean bringing along the engagement ring in his pocket to fellow swimmers crowded round to congratulate Victoria and Philip, and swim chairman Sam Skyrme-Blackhall laughed: “Well, we said ‘come to the Tenby Boxing Day Swim and take the plunge’ but we weren’t expecting that! Congratulations to the happy couple”.

Charity

Letterston dog show raises over £750 for local charities

Published

22 hours ago

December 25, 2024

Tom Sinclair

ON SUNDAY (Dec 22), Letterston Ring Craft successfully raised £755.55 for two Pembrokeshire-based charities during a fun dog show event. The funds were equally split between South Pembrokeshire Cat Rescue and Letterston Memorial Hall.

The event featured a variety of well-attended classes, including child handling and fancy dress, drawing participation from dog enthusiasts of all levels.

This fundraiser marked the first charitable event supporting South Pembrokeshire Cat Rescue. Founded and managed by Lizzy Austwick, the rescue organisation aids unwanted, feral, and sick cats across Pembrokeshire and responds to urgent cases in Carmarthenshire and Ceredigion. The rescue provides neutering support for stray and feral cats, directs owners to available resources, and specialises in helping stray cats with severe injuries, raising essential funds for their care.

For assistance, Lizzy can be contacted via the rescue’s Facebook page or at 07575 131443.

Letterston Ring Craft welcomes new members interested in training and showing their dogs, from local companion shows to prestigious events like Crufts. The club meets every other Sunday in Letterston, and further details can be found on their Facebook page.

Looking ahead, the next fun dog show is scheduled for early next year and will support Belle’s Story Charity. For more information or to get involved, contact Gentle Lowe at 07956 653401.

Charity

£3,800 donated to services across Withybush Hospital

Published

23 hours ago

December 25, 2024

Tom Sinclair

THE CAMROSE VINTAGE WORKING DAY team has donated £3,800 to services across Withybush Hospital.

Their 37^th annual event raised a record breaking £25,000, which has now been distributed among 26 local charities.

They donated the funds to the Stroke Ward, Specialist Respiratory Team, Chemo Day Unit and Heads Up! Hair Loss Initiative at Withybush Hospital. Each service received £950.

The Heads Up! initiative provides a person-centred, holistic hair loss service for cancer patients. It brings together healthcare and haircare professionals from local communities to give patients the knowledge and products needed to manage their hair loss with dignity and choice.

Katie Hancock, Fundraising Officer, said: “Thank you to Andrew, the team and the supporters of the Camrose Vintage Working Day for your generosity once again. Your donation to each service is amazing and will make a big difference. We are hugely grateful for your wonderful support.

“The support of our local communities enables us to provide services over and above what the NHS can provide in the three counties of Hywel Dda and we are extremely grateful for every donation we receive.”

Pictured above: Andrew James, Chairman of Camrose Vintage Working Day with Withybush Hospital staff from the Stroke Ward, Specialist Respiratory Team, Chemo Day Unit, Heads Up! Hair Loss initiative.