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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

Thousands of homes in rural Wales gain from faster 4G boost

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RURAL Wales is seeing a major upgrade in mobile connectivity, with faster 4G now live in several areas. Seven locations across North, South West, and West Wales are benefitting from new 4G mast upgrades funded by the UK Government’s Shared Rural Network (SRN), aimed at closing the digital gap between rural and urban areas.

The upgrades, which went live on Thursday (Nov 14), bring improved 4G coverage to communities including Bontddu, Llanelltyd, Llanarmon Dyffryn Ceiriog, Penmaenpool, Tabor, Snowdonia National Park, and Bontgoch. Local businesses, emergency services, and residents are expected to benefit from faster internet access, which supports daily communication, business opportunities, and economic growth.

There is a £170 million agreement with Openreach to provide gigabit-capable broadband to 70,000 remote Welsh properties

Technology Secretary Peter Kyle said: “Fast, reliable connectivity is essential for modern life and should be available from Cardiff to the remotest parts of Wales. Today’s upgrades bring us closer to making this a reality.”

SUPPORTING DIGITAL INCLUSION

As part of the rollout, Peter Kyle and Telecoms Minister Sir Chris Bryant visited Ebbw Vale to discuss digital inclusion with charity and industry leaders. They met with representatives at BGfm, a digital inclusion hub in Blaenau Gwent, to learn about how connectivity impacts daily life in Welsh communities.

Telecoms Minister Bryant said: “We are working tirelessly to make sure rural communities aren’t left behind online.

“These upgrades mean businesses can now operate without connectivity limitations, 999 services are better equipped to respond, and residents and tourists can stay connected across the Welsh countryside.”

ADDRESSING CONNECTIVITY GAPS

An estimated 1.5 million homes across the UK remain without internet access, limiting people’s ability to access essential services such as banking and healthcare. In addition to the SRN upgrades, the Chancellor has allocated over £500 million in next year’s budget for digital infrastructure expansion, targeting these underserved areas.

Welsh Secretary Jo Stevens highlighted the importance of this investment, particularly for rural Wales, where fast, reliable internet can be transformative.

“Connectivity is critical for day-to-day life in rural areas – from supporting local businesses to ensuring emergency services are just a call away,” Stevens said.

The upgraded masts, previously limited to EE customers and emergency 999 calls, now serve a wider user base, bringing essential internet access to more people without requiring new infrastructure.

Ben Roome, CEO of Digital Mobile Spectrum Limited, said: “With the activation of five new SRN sites, Wales is seeing the tangible benefits of the Shared Rural Network, bringing crucial connectivity to rural communities.”

GOVERNMENT INVESTMENT IN REMOTE WALES

The improvements come alongside a £170 million agreement with Openreach to provide gigabit-capable broadband to 70,000 remote Welsh properties, helping future-proof digital access in even the most isolated locations.

The latest upgrades mark another step in the Government’s mission to improve mobile coverage and close the connectivity gap across Wales, creating opportunities and supporting economic growth across rural communities.

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Milford Haven man admits to downloading indecent images of children

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A MILFORD HAVEN man has been sentenced after admitting to downloading over 1,000 indecent images and videos of children, including highly explicit content involving young children. Gareth MacDonald, now 23, appeared before Swansea Crown Court, where he pleaded guilty to possessing indecent images and videos across various devices.

The court heard that police visited MacDonald’s home, which was the scene of protests after his arrest, last year following intelligence suggesting that child abuse images had been accessed there.

There were protests outside MacDonald’s house in September 2024 (Pic: Herald)

Officers spoke with MacDonald’s mother at the door before entering to conduct a search.

During the operation, two mobile phones, a tablet, a laptop, and two hard drives were seized.

MacDonald initially spoke to one of the officers privately, admitting to downloading the images and saying, “It’s me.” Later, in formal interviews, he revealed that he had grown “bored with legal pornography” roughly a year earlier, knowing that what he was doing was illegal but continuing regardless.

Prosecutor Emily Bennett informed the court that MacDonald’s devices held 15 Category A images, the most severe classification, 26 Category B images, and 960 Category C images. Some content depicted children as young as nine, and the most serious material involved pre-teen children in distressing situations.

Bennett also noted that MacDonald had briefly joined an online group where members self-identified as paedophiles, although he left without sharing any material. Cleaning software was also found on his devices.

Defense counsel Dan Griffiths acknowledged that MacDonald’s actions had crossed the custodial threshold, but argued that there was “a realistic prospect of rehabilitation.” He highlighted MacDonald’s cooperation with police and his willingness to comply with rehabilitation programmes.

Judge Geraint Walters, presiding over the sentencing, addressed MacDonald, saying, “For some considerable time, you have accessed this kind of imagery, fully aware of the harm it represents.” He acknowledged that MacDonald largely isolated himself and stayed at home, factors he considered in the sentencing.

MacDonald was sentenced to eight months in prison, suspended for two years, with a requirement to complete 20 rehabilitation activity days and participate in the Horizon programme. He was also ordered to register as a sex offender for 10 years and is subject to a sexual harm prevention order for the same duration.

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Welsh teenager jailed for creating 3D-printed gun at home

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A TEENAGER who assembled parts for a viable semi-automatic firearm using a 3D printer has been sentenced to nearly five years in prison.

Owain Roberts, 19, purchased nuts, bolts, steel barrels, and metal rods online, constructing components of an FGC-9 gun with the aid of a 3D printer.

Detectives said that this case marks the first of its kind in Gwent, where Roberts admitted to manufacturing a firearm component. He appeared at Cardiff Crown Court on Thursday (Nov 14).

In April, firearms officers executed warrants at two Newport addresses connected to Roberts. Seized items included a 3D printer, two laptops, six plastic reels, and parts for an FGC-9 firearm.

PC Tom Meazey, from Gwent Police’s East Serious Organised Crime team, stated: “Illegally-held firearms can lead to tragic consequences and devastate innocent people’s lives. To own a firearm, including a printable one, is illegal in the UK without a valid firearms certificate. Roberts’s reckless actions in buying items capable of manufacturing a firearm placed people at direct risk.”

This rare and complex investigation involved support from the National Crime Agency (NCA).

Roberts received a prison sentence of four years and nine months.

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