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

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spill the beansCOUNCIL 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.

3 Comments

3 Comments

  1. Kate Becton

    March 10, 2014 at 9:37 pm

    This is surely the real scandal. Despite the best efforts of a number of Opposition Councillors, as I understand it they were not allowed to see this legal advice. Who did see it? At best councillors were misled about the advice; at worst deliberately kept away from information that could informed their decisions, not just on the Auditors Report,but on the no confidence notices of motion against the CEO and Monitoring Officer.

    An even money shot based on an unprecedented legal argument that it was necessary to offer this tax break to recruit and retain senior staff strikes me (as a betting women)as a very expensive long shot.

    It makes me wonder why Mr. Kerr was there, apart from the Brown/white envelope farce. Surely he should have at least summed up his findings to ensure that all councillors were at least familiar with his opinions. I know that the question was asked at the meeting, but does anyone know who was Mr, Kerr’s client?

    Anyway it’s the start of the Cheltenham Festival tomorrow and I can assure you that I will not be betting on any horse that does’nt seem to have a decided trainer and whose form is redacted.

  2. Teifion

    March 10, 2014 at 9:51 pm

    Things are beginning to crumble for Bryn and the Adams boy, always hoped decent IPPG members would have voted the right way but now I’ll just say the rats will soon be leaving the sinking ship

  3. Kate Becton

    March 10, 2014 at 10:49 pm

    Teifion – Please bear in mind that the rats have nowhere to go and the ship may be sinking (or at least listing)- maybe;however it still contains the pieces of silver.

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Business

Fresh flavours at new eatery in St Davids

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A NEW brunch spot has opened its doors in St Davids, promising a delicious twist on classic dishes in a welcoming and vibrant setting.

The Brunch House, a passion project by hospitality duo Hannah Bowie and Adam Sawyer, opened at Oriel Y Parc Visitor Centre on Saturday (Nov 16), drawing over 250 visitors on its first day.

With more than two decades of combined industry experience, Hannah and Adam have transformed the space through extensive renovations, creating an inviting environment for locals and visitors alike.

Hannah, who previously ran 35 Main Street in Solva, shared her excitement: “Brunch is my favourite meal of the day, and bringing The Brunch House to life has been a dream come true. We’re thrilled to offer something fresh and unique to St Davids.”

The menu features an inspired blend of Middle Eastern flavours from Hannah’s heritage alongside brunch staples like the Full Welsh and Pancake Stack. Standout dishes, such as chicken and waffles drizzled with house-made hot maple sauce, have already earned rave reviews.

Ben Richardson, one of the first customers, said: “The chicken and waffles were absolutely delicious. We’re already planning our next visit.”

The eatery’s warm atmosphere and quality cuisine have struck a chord with the community. Bethany Ellison, a local customer, remarked: “What Hannah and Adam have created here is phenomenal. The ambience, combined with the exceptional food, makes this place truly special. I wish them every success.”

Adam added: “We’ve worked hard to make The Brunch House our own, and the support from locals and holidaymakers has been incredible. It’s been amazing to see so many people walk through our doors already.”

The Brunch House is open daily from 9:30am to 4:00pm, with food served until 3:00pm.

Pictured above – Brunch with a twist: The Brunch House in St Davids run by Adam Sawyer and Hannah Bowie is the newest spot to enjoy freshly made dishes

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Community

Kick off the festive season in style at the Riverside Winter Fair

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GET ready to immerse yourself in a winter wonderland as Haverfordwest hosts its inaugural Riverside Winter Fair on Saturday, November 30th.

This free, family-friendly event promises a day of festive cheer with food, arts, crafts, games, music, and a big dose of community spirit.

The festivities will kick off at 11am with the opening of Haverhub’s Winter Market. Visitors can browse a variety of stalls 11am to 5pm, offering unique gifts, crafts, and delicious food.

Alongside the market, Haverfordwest’s Business Circle are hosting a “Taste of Pembrokeshire” food and drink market on Castle Square 11am to 5pm, offering a delicious selection of local produce.

For families with younger children, Fair Play will be hosting a Board Game Sketch Fest at the Edge Youth Centre / Picton Centre from 11am to 5pm. This event will feature a variety of games, activities, and art projects, providing a fun and engaging experience for children of all ages. 

At 12noon children from Haverfordwest’s primary schools will be showing off banners they’ve been making as part of a community arts project, telling the story of the history of their school’s ward area.

They will take part in a vibrant parade led by the South Wales Police Band, marching through the town centre from Swan Square to the Old Quay. Join us at 11:45am on Swan Square to join the parade!

Once the parade reaches the Old Quay, the real fun begins. The main stage will host a variety of performances throughout the day from 12-5pm and Bristol Trader will be hosting an outdoor BBQ and bar for revellers.

Entertainment on the main stage will include a brand-new cantata performed by Fenton School’s children’s choir, the Cantabile Singers of Pembrokeshire, the County Orchestra and the South Wales Police Brass Band.

This captivating performance will tell the story of Haverfordwest’s rich history, drawing inspiration from recent archaeological discoveries.

Following the cantata, local band Sorted will take to the stage, delivering a high-energy performance of Ska and Two-Tone classics. Their energetic and breakneck live sets are guaranteed to get you up on your feet and skanking.

And for the grand finale Pure West Radio Riverside Shopping Haverfordwest will be hosting its annual Christmas Lights Switch On event. The celebrations begin at 12noon, leading up to the grand moment when the town’s Christmas lights illuminate at 6pm. As the town illuminates with festive lights, a spectacular fireworks display will light up the night sky.

For those seeking thrills, there will be fairground rides to enjoy. Thrill-seekers of all ages can experience the excitement of the various rides.

To add to the magic, Santa Claus will be making a special appearance, along with Sparkle the Elf and Friends a Giant Snow Globe and Bouncy Castle!

Artists Neil Musson and Jono Retallick will also be launching their model hot air balloon, a floating gallery and homage to the people of Haverfordwest. Find them floating through the town throughout the day.

The Riverside Winter Fair is more than just an event; it’s a celebration of community spirit. Local businesses and volunteers coming together to create a memorable experience for everyone.

Visit the website and sign up to the mailing list for full information delivered to your inbox ahead of the big day: www.riversidewinterfair.co.uk

Programme of events

11am-5pm     Winter Market @ Haverhub

11am-5pm     Taste of Pembrokeshire food and drink market @ Castle Square

11am-5pm     Board Game Sketch Fest @ Picton Centre

11:45am        Banner Parade assembles with South Wales Police Brass Band @ Swan Square

12noon         Children’s Banner Parade from Swan Square to Old Quay

12:10pm       Entertainment on Main Stage @ Old Quay

12-5pm         BBQ and outdoor bar @ The Bristol Trader

12-6pm         Family fun & Entertainment, Pure West Radio @ Riverside shopping Centre

6pm              Switch on of the lights and fireworks display.

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Charity

Pembrokeshire charities shortlisted for Welsh Charity Awards

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THREE Pembrokeshire organisations have been shortlisted for this year’s Welsh Charity Awards, set to take place on Monday (Nov 25) at the National Museum Cardiff.

The event, which coincides with the start of Welsh Charities Week, celebrates the contributions of charities, community groups, and volunteers across Wales. Representing the county are Milford Haven’s Megan’s Starr Foundation and Milford Youth Matters, alongside Narberth-based SPAN Arts.

The awards, organised by WCVA (Wales Council for Voluntary Action), are the only event dedicated to honouring the voluntary sector in Wales. A record 239 nominations were received this year.

Megan’s Starr Foundation

MEGAN’S STARR FOUNDATION, founded by Nicola Harteveld, is nominated in the Health and Wellbeing category, sponsored by Leaderful Action. The charity supports young people in Pembrokeshire facing mental health challenges, providing free counselling, peer support, and skill-building programmes.

The team said: “This nomination celebrates the heart and soul of our work. Every young person, volunteer, and family member who finds hope and belonging at Megan’s Starr is part of this incredible journey.

“Winning would inspire us to dream bigger, support more, and build a stronger, compassionate future together.”

Harteveld was Volunteer of the Year at last year’s awards.

Milford Youth Matters

MILFORD YOUTH MATTERS has been shortlisted for Fundraiser of the Year, co-sponsored by Thomas Carroll and Zurich Municipal. A fundraising team of seven young individuals, aged 15, has raised £10,000 annually through events such as a charity golf day, reshaping perceptions of young people in Milford Haven.

A spokesperson said: “This nomination recognises the dedication and hard work of our team, who have raised vital funds while developing skills and confidence to reach their full potential. We are extremely proud of their commitment.”

SPAN Arts

SPAN ARTS, based in Narberth, is a finalist in the Welsh Language category, sponsored by Mentrau Iaith. The organisation delivers bilingual arts programmes that celebrate community identity, inclusivity, and accessibility.

Director Bethan Touhig-Gamble said: “SPAN is based in an incredible bilingual county, where the Welsh language is part of the shared culture and identity. To have the work of our volunteers, trustees, staff, and creatives recognised is truly rewarding.”

WCVA Chief Executive Lindsay Cordery-Bruce said: “We’re delighted to have had a record number of nominations this year – 239 in total. That’s testimony to the quality work undertaken by volunteers, community groups, and charities across Wales. I couldn’t be more excited to meet the finalists on Monday and find out who’s scooped the top awards.”

The Welsh Charity Awards highlight the difference made by charities and volunteers across the country. For a full list of finalists, visit the Welsh Charity Awards website.

(Cover image: Milford Youth Matters receive a cheque from Tesco)

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