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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

Neyland councillor threatens legal action under Equalities Act

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NEYLAND TOWN COUNCIL is once again under scrutiny following a strongly worded letter from Councillor David Devauden, who has accused the Town Clerk of discrimination and threatened multiple legal actions.

Councillor: David Devauden

In an email sent to fellow councillors and members of the public on Tuesday (Apr 1), Cllr Devauden alleges breaches of the Equalities Act 2010, as well as libel and harassment, in connection with ongoing disputes within the council.

Claims of discrimination and legal threats

The email alleges that the Town Clerk, Libby Matthews, has engaged in what Cllr Devauden describes as “the illegal practice of discrimination” against himself and fellow councillors Brian Rothero and Steve Thomas. He claims the Clerk has refused to respond to correspondence and has shown bias in favour of certain councillors.

“This is called OPENNESS, something we, as a Council, were proud to proclaim but failed to act on,” he wrote.

Drawing on his past experience as a part-time paralegal, Cllr Devauden stated he specialised in libel and discrimination law and accused the Clerk of misandry and malicious communications. He claims the complaints against him lacked evidence and were nothing more than “a misandristic rant.”

Ultimatum to Clerk

Cllr Devauden issued a 48-hour ultimatum to Libby Matthews, demanding her resignation “with no compensation and no benefits.” He warned that if she did not comply, he would pursue a case under the Equalities Act 2010 and other legislation.

“If you resign immediately then I will cease taking legal action against the Council,” he stated, though he added he could not guarantee the same for civil proceedings relating to social media posts alleging sexual harassment and excessive email communications.

He also warned of intended complaints to police under the Malicious Communications Act 1988 and the Protection from Harassment Act 1997, and stated his intention to pursue a libel case under the Human Rights Act 1998 if the allegations made against him are not substantiated with evidence.

Tensions continue to mount

The letter follows weeks of controversy surrounding the council, including the co-option of the Clerk’s mother to the council, accusations of secrecy, and increasing public dissatisfaction with council leadership.

As of now, the Town Clerk has not publicly responded to the letter.

Upcoming tribunal

The Pembrokeshire Herald has found that Cllr David Devauden is due to face a tribunal under reference APW/005/2024-025/CT, brought by the Adjudication Panel for Wales.

The hearing relates to alleged breaches of paragraphs 4(b), 4(c), 6(1)(a), 6(1)(d), and 6(2) of the Code of Conduct, which outline the following responsibilities:

  • 4(b): Councillors must show respect and consideration for others.
  • 4(c): Councillors must not use bullying behaviour or harass any person.
  • 6(1)(a): Councillors must not conduct themselves in a manner likely to bring their office or authority into disrepute.
  • 6(1)(d): Councillors must not disclose confidential information contrary to legal or policy obligations.
  • 6(2): Councillors must not make vexatious, malicious or frivolous complaints against others.

The relevant authority is Neyland Town Council. Further details about the hearing are expected to be released in due course.

More referrals expected

A source close to the council has indicated that further referrals to the Adjudication Panel for Wales may be forthcoming, although this has not yet appeared on the public tribunal list.

Former councillor Andrew Lye also stated he has made a police complaint regarding what he describes as bullying by Cllr Devauden. He has expressed frustration over a lack of response from Dyfed-Powys Police and is considering referring the force to the Ombudsman over their handling of the complaint.

The Pembrokeshire Herald will continue to monitor developments and report on the outcome of any legal action or council response.

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News

Cost of living crisis hitting older people hard, warns Commissioner

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NEW data from the Older People’s Commissioner for Wales has revealed growing concern among older people across the country about the rising cost of living, with many being forced to cut back on essentials such as heating and food.

The findings come as household bills are set to rise again this week, sparking fears that older people will be pushed into further hardship, with serious risks to their health and well-being.

Polling carried out on behalf of the Commissioner shows that 90% of older people in Wales are now concerned about energy prices — a rise of nearly 20% compared to last year. Concerns over food prices have also grown, with 82% saying they are worried — up 14% on last year’s figures.

The survey also revealed that 70% of older people have reduced spending on heating their homes, and 60% have cut back on food.

Older People’s Commissioner for Wales, Rhian Bowen-Davies, said the figures paint a bleak picture.

“These findings highlight that there are significant concerns about the cost of living amongst older people across Wales, and that many feel they have no option but to cut back on essentials such as energy or food in order to pay their bills,” she said.

“It’s important to remember what this means in reality – that older people are unable to afford to heat their homes properly or may find themselves going hungry, which both put people’s health at risk.”

She added: “With prices for many things set to rise again this week, these concerns are likely to increase, and people may be forced to cut back even further, creating greater financial pressures, as well as stress and anxiety, which also impacts upon well-being.”

The Commissioner also warned that the loss of the Winter Fuel Payment has worsened the situation, removing a vital source of support for many older people.

“These issues make it more likely that older people will find themselves in vulnerable situations and in need of care and support, which not only have a significant impact on individuals, but also add avoidable costs and pressures to already stretched public services.

“It is vital that the governments in Westminster and Cardiff Bay recognise this and take action to provide support to protect older people from harm.”

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News

Millar announces changes to Welsh Conservative shadow cabinet

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Two new appointments made after Covid-19 Inquiry walkout

WELSH Conservative Leader Darren Millar MS has announced changes to his Shadow Cabinet following the party’s withdrawal from the Wales Covid-19 Inquiry Special Purposes Committee last week.

The move came after Labour members voted to block a proposal requiring some witnesses to give evidence under oath.

South Wales West MS Tom Giffard, previously Co-Chair of the Inquiry Committee, has been appointed as Shadow Counsel General and Shadow Cabinet Secretary for Delivery, External Affairs and the Welsh Language.

Preseli Pembrokeshire MS and former party leader Paul Davies has been appointed Deputy Leader of the Welsh Conservatives. He will retain his existing positions as Chief Whip and Shadow Cabinet Secretary for the Constitution.

Commenting on the reshuffle, Mr Millar said:

“I am delighted to announce these changes to my Shadow Cabinet team.

“Tom Giffard MS will bring his talent to bear in holding the Welsh Labour Government to account for its continued failure to deliver for the people of Wales.

“And Paul Davies MS will do an excellent job in the new role of Deputy Leader, bringing his experience to bear in the run-up to next year’s Senedd elections.

“Under Labour, Wales is broken. My team offers an alternative government-in-waiting with the talent and solutions Wales needs. We look forward to taking the helm next May.”

Deputy Leader Paul Davies MS added:

“I am honoured to take on the role of Deputy Leader of the Welsh Conservatives.

“I look forward to working closely with Darren and our government-in-waiting to fix Wales and deliver a Welsh Conservative Government at the next Senedd elections.”

Tom Giffard MS said:

“I am proud to be joining Darren Millar’s Shadow Cabinet team as we approach the Senedd elections in 2026.

“Labour has failed Wales. I look forward to working with Darren and the team to deliver our plan to fix Wales after 26 years of Labour failure.”


Full Welsh Conservative Shadow Cabinet:

  • Leader of the Opposition – Darren Millar MS
  • Deputy Leader, Chief Whip and Shadow Cabinet Secretary for the Constitution – Paul Davies MS
  • Shadow Cabinet Secretary for Education – Natasha Asghar MS
  • Shadow Cabinet Secretary for Culture, Tourism, Sport and North Wales – Gareth Davies MS
  • Shadow Cabinet Secretary for Health and Social Care – James Evans MS
  • Shadow Cabinet Secretary for Climate Change and Environment – Janet Finch-Saunders MS
  • Shadow Cabinet Secretary for Infrastructure, Transport and Rural Affairs – Peter Fox MS
  • Shadow Counsel General, and Shadow Cabinet Secretary for Delivery, External Affairs and the Welsh Language – Tom Giffard MS
  • Shadow Cabinet Secretary for Equalities and Social Justice – Altaf Hussain MS
  • Shadow Cabinet Secretary for Children, Young People, Mental Health and Wellbeing – Joel James MS
  • Shadow Cabinet Secretary for Local Government, Housing and the Armed Forces – Laura Anne Jones MS
  • Shadow Cabinet Secretary for the Economy and Energy – Samuel Kurtz MS
  • Policy Director and Shadow Cabinet Secretary for Finance – Sam Rowlands MS
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