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Politics

​Carwyn in crisis after Millar’s statement​

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​​Carwyn Jones: Left Chamber before Darren Millar's statement

A WAR of words has broken out between First Minister Carwyn Jones and former Cabinet member Leighton Andrews about allegations that a report into bullying was made by Mr Andrews to the First Minister as long ago as 2014 and that one of the AMs he reported as being a target of adverse briefing was the late Alyn & Deeside AM Carl Sargeant.

Mr Sargeant died in November this year after being dismissed from his Cabinet post.

He was sacked from his post on the basis of allegations about his behaviour that were never put to him.

The First Minister finds himself exposed on the issue, after making a series of pious announcements about how the Welsh Assembly would not cover up allegations of bullying and inappropriate behaviour following a series of allegations about the conduct of senior figures at Westminster.

That position has been progressively unpicked by Mr Andrews in a number of tweets, blog posts and very few media interviews.

And in the Welsh Assembly on Tuesday ​(​Dec 12​)​, Mr Jones’ position was left even more exposed by a dramatic personal statement by Conservative AM Darren Millar.

Mr Millar revealed that when he asked the First Minister questions about bullying in the Welsh Government in 2014, he did so at Mr Sargeant’s request and timed the questions to coincide with Mr Sargeant telling him that a formal complaint of bullying had been made against a special advisor (SPAD) to the Welsh Government.

Mr Jones was not in the Senedd to hear Mr Millar’s statement, having left after fielding First Minister’s questions.

TWO ISSUES UNRAVELLED

The issue of the First Minister’s treatment of Carl Sargeant and the latter’s death have become intertwined with a second issue, namely whether or not the First Minister misled the Assembly when he said – three years ago – no allegations of bullying had been made to him about the conduct of either special advisers or specialist advisers.

This article sets out the way in which both issues wind around themselves and why Carwyn Jones finds himself in jeopardy.

There are currently three investigations ongoing that affect the First Minister directly and indirectly. A further investigation – into allegations made against Carl Sargeant – has been discontinued.

The first investigation is into the way Mr Jones investigated allegations against Mr Sargeant; the second is into whether he misled AMs; the final one is the investigation by HM Coroner into Carl Sargeant’s death. Any one of the outcomes of those investigations have the potential to end Mr Jones’ career in ignominy.

While each of those investigations are hazardous to the First Minister’s political health, if Mr Jones is found to have breached the Ministerial Code of Conduct, there is no way for him to ride out the ensuing storm.

WHAT IS THE MINISTERIAL CODE?

‘Ministers are expected to behave according to the highest standards of constitutional and personal conduct in the performance of their duties’.

The ministerial Code, issued by the First Minister, provides guidance to ministers on how they should act and arrange their affairs in order to uphold these standards. In particular, they are expected to observe the 7 principles of public life and the principles of ministerial conduct. The code applies to Cabinet Secretaries, Ministers and the Counsel General.

WHAT DOES THE CODE SAY?

‘It is of paramount importance that Ministers give accurate and truthful information to the Assembly, correcting any inadvertent error at the earliest opportunity. Ministers who knowingly mislead the Assembly will be expected to offer their resignation to the First Minister.

‘In particular, the First Minister may also refer matters concerning himself to an Independent Adviser’.

WHY IS CARWYN JONES IN DIFFICULTIES?

In November 2014, Darren Millar AM submitted a Written Assembly Question to the First Minister asking: ‘Has the First Minister ever received any reports or been made aware of any allegations of bullying by special and/or specialist advisers at any time in the past three years and, if so, when and what action, if any, was taken?’

Mr Jones’ answer could not have been more unequivocal: ‘No allegations have been made’.

WHAT IS CARWYN JONES ALLEGED TO HAVE DONE?

Mr Jones’ version of events has been challenged by his former Cabinet colleague Leighton Andrews.

Leighton Andrews says: ‘I made a complaint to the First Minister about one aspect of [deliberate personal undermining of Carl Sargeant], of which I had direct evidence, in the autumn of 2014. An informal investigation was undertaken. I then asked for it to be made formal. I was told it would be. I was never shown the outcome. There was no due process’.

Mr Jones has maintained that no allegations were made, sparking a war of words between himself and Mr Andrews. At First Minister’s questions on December 5, Carwyn Jones came perilously close to calling his former colleague a liar. Mr Andrews responded by publishing a more detailed account of events and invited the First Minister to repeat what he had said in the Senedd without the benefit of Parliamentary Privilege to protect him from legal action.

Mr Jones has, so far, declined Mr Andrews’ invitation.

Now, fuel has been thrown onto the smoking embers under the First Minister.

In a devastating Personal Statement in the Senedd ​thisTuesday, the Conservative AM Darren Millar revealed that not only had he been asked by the late Carl Sargeant to ask the November 2014 question, but also that Mr Sargeant asked him to delay asking the question until AFTER an allegation of bullying was made to the First Minister against a named SPAD. By way of corroboration, Mr Millar revealed that he had discussed the matter during October and November 2014 with the Conservative Chief Whip, Paul Davies. Mr Millar also said that other AMs were aware of what was going on.

CARWYN’S DILEMMA

The First Minister’s answer can only be read compatibly with the accounts given by Mr Millar and Mr Andrews if he can claim either that he did not understand the question at the time, or that the question was phrased so as to make his answer entirely truthful without it being in anyway accurate. Mr Jones has suggested that what he calls his ‘lawyerly way’ might have led him into answering the question the way he did, but he has rather undone that suggestion by his subsequent comments attacking others’ accounts.

If the answer cannot be read compatibly with the accounts of his fellow AMs – and it is a significant verbal stretch to perceive how it might be, no matter how ‘lawyerly’ Mr Jones’ way is – then the choices left are stark.

For Mr Jones’ response in November 2014 to hold water he will have to successfully advance the proposition that several other AMs are themselves lying or are/were mistaken. The odds are not in Mr Jones’ favour on that one.

And the alternative position for Mr Jones – that he did not treat complaints as being made formally or that complaints that were made to him were not made in the correct form or format – lays him open to a charge of dealing with Mr Millar’s questions in less than good faith. Moreover, if Mr Jones did not take the allegations seriously because he regarded it as part and parcel of the normal rough and tumble of politics, it runs an absolute coach and horses through the pious approach he took before Mr Sargeant’s death.

Neither proposition, no matter how finessed, lets Carwyn Jones off the hook. The former would instantly end his career a​s​ First Minister; the latter would wound him so severely that he would -​ ​almost certainly – be persuaded to step down in favour of an alternative leader. In short, and in either of those circumstances, Mr Jones was either a knave or a fool.

WHO KNEW WHAT AND WHEN?

And there is another wrinkle of suspicion that bears consideration: if Mr Sargeant did complain about an over-mighty SPAD, it is open to question whether or not his card was marked. A self-perpetuating club of insiders would not take kindly to having their gilded cages rattled; links are undeniably strong between the national Welsh media and some ministerial special advisers.

That possibility is given some credence by what former Cabinet member Leighton Andrews wrote on his blog.

The Herald contacted Mr Andrews regarding his blog’s content and the First Minister’s remarks regarding bullying. He gave us permission to quote directly from his blog.

‘From discussions with many well-connected individuals over the last few weeks I have been able to piece together the following:

  • A Labour AM told the Labour Assembly Group meeting on November 9 that he had been texted by someone he regarded as a reliable source that Carl was to lose his job, before the reshuffle was announced
  • A leading Welsh journalist received a text in advance of the reshuffle’s announcement that Carl was to be sacked
  • A Welsh Labour MP told another Welsh Labour MP that Carl was to lose his job, before the reshuffle was announced’

Mr Andrews asks the question ‘who leaked?’ The ancillary questions to that are ‘who would benefit from such a leak?’ and ‘what would be such a leak’s purpose?’

A QUESTION OF TIMING

Mr Andrews’ sequence of events is of vital importance.

Mr Sargeant was dismissed as a Cabinet Secretary on November 3 and died on November 7. Two days after that event members of the Labour Assembly Group were told by one of their number that their deceased former colleague’s dismissal was leaked to them before Carl Sargeant was dismissed. Mr Andrews’ allegations that news of Mr Sargeant’s dismissal was currency among Labour MPs beforehand and a journalist was informed would be the toxic icing on a cake.

The reason for that is straightforward: at the time he was dismissed and at the time of his death Mr Sargeant had not been given the details of the allegations made against him by anonymous third parties whose versions of events he was given no opportunity to rebut. The leaking of his dismissal suggests that the case against Mr Sargeant had been judged by the First Minister and a decision made that would take no account of his innocence, guilt, or ability to answer the charges. If, has been alleged, the First Minister had previously dismissed one of the complaints relied upon to sack his ‘dear friend’, questions arise about the First Minister’s competence in deciding the allegations. Most tellingly, it is one of Mr Jones’ SPADs who carried out inquiries for the First Minister into the allegations against Mr Sargeant.

The number of people who would and should have known about both the investigation into Mr Sargeant and the decision to dismiss him would have been passingly small. Mr Jones himself and perhaps a handful of other people. Political circles being notorious hubs for gossip, it would take only one leak for ripples to spread.

There is no doubt that if the First Minister does not know who leaked he is being peculiarly incurious.

At the end of Mr Millar’s statement on Tuesday, a number of prominent Labour members exchanged looks that suggested that their consciences might well now be pricking them into reflecting on what they knew.

Mr Jones’ position has not looked more precarious than it does now and​,​ while some AMs have accused others of seeking to settle political scores, it seems that Mr Millar’s intervention might well prove the one that does for the First Minister.

News

Conservatives hold on to Carmarthen West and South Pembrokeshire seat

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THE CONSERVATIVES have held on to their Carmarthen West and South Pembrokeshire seat despite Labour closing the gap.

Sam Kurtz will take over the seat from the outgoing Angela Burns who held a majority of 3,400 at the last election.

This time, the gap was just 936 to Labour’s Hassan Riaz who picked up 10,304 votes.

Plaid Cymru’s Cefin Campbell picked up 6,615 votes.

The turnout in Carmarthen West and South Pembrokeshire was slightly up to 52.12% from 51.2% in 2016.

However, with a larger electorate thanks to votes for 16/17-year-olds, the number of votes cast went up by almost 3,000.

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News

Polling station changes in Pembrokeshire

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POLLING STATIONS in Pembrokeshire are open today (May 6) but a small number may have changed from the last time you voted.

In Neyland, the polling station will be at the new Community Hub building on John Street.

St Katherine’s Church Hall will be the new host for the station in Milford Haven, having previously been held at the Murray Suite in the town hall.

A polling station will be placed at the leisure centre in Haverfordwest while one at Trecwn has been moved to the Gate, Scleddau.

Voters in the county will be electing for the Preseli Pembrokeshire and the Carmarthen West and South Pembrokeshire constituencies.

People will also be able to select five MSs to represent the Mid and West Wales Region.

The candidate with the most votes will win the constituency but the ballot for the region will be decided by a different process.

People will be elected according to their share of the vote, using a mathematical process, and gives parties who may have won fewer or no constituencies a better chance of winning regional ones.

It will also be a big day for 16 and 17 year olds as they will be able to vote in Welsh elections for the first time.

The ballots will be counted on Friday (May 7) with results expected to come in from the afternoon.

Polling stations opened at 7am and will close at 10pm.

All those who vote will be required to stick to Covid-19 safety measures including wearing a mask and maintaining social distancing.

Clean pencils will be available but voters can bring their own pen or pencil.

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Politics

Pembrokeshire heads to the polls

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THE ELECTIONS to the Welsh Parliament/Senedd Cymru take place today, Thursday (May 6).

Over the last few weeks, we’ve published a guide to the manifestos of each of Wales’ principal parties.

Next today is the crunch and after that comes the business of forming a government.

But first, voting.

HOW TO VOTE

Wales has a combination of voting systems.On Thursday, May 6, you will have two ballot papers for the Senedd. One for your constituency, the other for your region.X in the box against your candidate for the constituency.X in the box for the party you want on the regional list.Forty constituency seats, with the same boundaries as the Westminster election constituencies, elect one member each through first past the post.
The winners of constituency seats don’t need most of the votes, only one more than the candidate in second place.
Twenty further Members of the Senedd are elected on a regional list system.
Wales is divided into five regions, each of which returns four Senedd members.The regions are: Mid & West Wales; North Wales; South Wales Central; South Wales East; South Wales West.
The parties prepare a list of candidates in their own order of preference.
The system supposedly balances the risk of a one-party state by balancing constituency success against votes cast for parties.

THE REGIONAL LIST

If a party is electorally successful in the constituency vote, it starts with a handicap in the regional count.

The formula is complex, but it basically divides the total number of regional votes by one plus the number of constituencies won. Successive rounds of counting then divide the regional vote by one plus the number of constituencies plus any regional seat won in the preceding round.

After four rounds of counting, you have four Senedd Members for the region.

Labour had two regional seats in Mid and West Wales after the 2016 election only because it performed dismally in Mid and West Wales’ constituencies. 

If the Labour vote collapses in Mid and West Wales, after this election it might return only one MS to Cardiff. In that case, the lucky winner would be Eluned Morgan.

Ironically, if Plaid Cymru wins Llanelli it will almost certainly lose its regional seat – unless other parties’ regional vote falls and Plaid’s significantly increases.

The Liberal Democrats held one seat in Mid and West Wales last time out, Brecon and Radnor. That success cost William Powell (number one on the candidate list for the LibDems in 2016) a seat. The Liberal Democrats were in poll position for a second seat after the regional votes were counted.

However, in the final round of counting, UKIP’s abject failure in Mid and West Wales’ constituencies combined with regional votes from Pembrokeshire gifted Cardiff Bay with Neil Hamilton’s contrarian presence.

That fact underlines the regional votes’ importance.

FIRST TIME VOTERS

The unknown in this election is the number of first-time voters since the franchise’s expansion to sixteen and seventeen-year-olds. Younger voters tend to be less tribal and more single-issue driven.

If young voters turn out in numbers, there could be a significant swing towards parties that address issues of importance to them in a way that appeals to younger voters. 

The likely beneficiaries would be parties closely connected to environmental issues – or at least those who claim to be.

At this point, young voter turnout could be disappointingly low. The last school year was meant to educate prospective young voters about the coming election. Thanks to the pandemic, that fell by the wayside.

In the future, Civics’ presence in the school curriculum is vital. Schools must give students an understanding of how government works, the importance of democracy and citizens’ duty to engage with it.

WHERE WILL UKIP VOTES GO?

The second question is where UKIP’s votes will end up. The Party’s membership, support, and electoral profile have withered along with its momentary political relevance. 

Although Pembrokeshire might again buck the regional trend, it’s unlikely UKIP will cross the threshold to get a seat in Mid and West Wales.

Abolish the Assembly (sic.) superficially appears the most attractive party for those who backed UKIP on the regional list last time out. However, the longer the campaign has gone on, the more Abolish has faded. An ITV interview with its leader, Richard Suchorzewski, was truly cringe-inducing.

After saying he respected Wales as a country, Mr Suchorzewski didn’t have an answer when asked to name another country without a parliament.

It was embarrassing to watch and, whether you feel Wales needs/deserves a separate Parliament or not, dire.

With Andrew RT Davies in charge, the Conservatives have burnished their ‘BluKip’ credentials. However, their campaign is endangered by the impression that a Welsh Conservative government would be operated from Westminster and not Wales, with Simon Hart as de facto Governor-General. 

It’s a tricky line for the Conservatives to tread. However, if the Conservatives pick up UKIP votes, as well as get their existing regional voter base to turn out -as they did in December 2019 – Tomos Dafydd could pick up a Mid and West regional seat for the Party.

VOTING IS WHAT COUNTS

There are plenty of opportunities to vote on the regional and constituency lists to register what’s called ‘a protest vote’.

Protesting in silence on election day by not voting and complaining for the next five years is an empty and futile gesture.

It’s objectively more important TO vote than HOW you vote.

Voting is what counts.

Nothing else matters in an election.

It’s a few minutes out of your lives and can change Wales.

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