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Impartiality of civil service questioned

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Carwyn Jones: Knew nothing of friend and colleague's health issues

THE CONTINUING wrangle over an inquiry into the circumstances which led to the death of former AM Carl Sargeant has intensified this week after a suggestion that evidence to the QC-led inquiry was being ‘filtered’ by Welsh Government civil servants.

In the meantime, the Coroner’s Inquest into Mr Sargeant’s death opened in a way which raised a series of questions about the tactics adopted by the legal team representing First Minister Carwyn Jones and threw doubt on Mr Jones’ public statements about his knowledge of his late Cabinet colleague’s mental health.

Conservatives in the Assembly pounced on a leaked Welsh Government email which showed the Permanent Secretary to the Welsh Government, Dame Shan Morgan, telling Welsh Government staff to share evidence for the Carl Sargeant inquiry with senior civil servants first. Paul Bowen QC is investigating Carwyn Jones’s handling of the sacking of the Alyn and Deeside AM from his cabinet and in an email to Welsh Government staff entitled “support to staff”, the Permanent Secretary, Dame Shan Morgan, asks “those who believe they have evidence relevant to the investigation should bring this to the attention of David Richards, Director of Governance; Peter Kennedy, HR Director; or my office”.

Only a subsequent ‘clarification’ after the email’s leak suggested that employees could give their evidence direct to the Independent Inquiry Team without it being looked over by their senior managers.

Questioning the Permanent Secretary’s latest involvement, Welsh Conservative leader, Andrew RT Davies said: “This once again raises serious concerns over the conduct of the Welsh Government and calls into question the independence of this whole process.

“If the inquiry is to be fully independent then all potential evidence should be handed over to the QC leading the investigation, not pre-vetted by the Permanent Secretary or her minions.

“This latest communication shines a light into the dark tactics being deployed by certain individuals in the Welsh Government to influence and control the upcoming inquiry, and that is simply unacceptable.

“Carl Sargeant lost his life in incredibly tragic circumstances, and there is a responsibility on everyone involved to ensure this process is fully independent and transparent so that the family can find the answers they need to find peace with what has happened.

“The Welsh Government must apologise and immediately withdraw this instruction so people can provide evidence to the inquiry free from bully-boy tactics and intimidation.”

A spokesperson for the permanent secretary said: “We have been clear that as a civil service we will fully co-operate with the work of the IQCI [independent QC investigation], and any evidence held by staff on Welsh Government systems will be collated and transferred to the investigation in its entirety and without redaction.”

A request by The Herald for an explanation as to WHY the Permanent Secretary issued the email remains unanswered and the prospect of Wales’ leading civil servant acting ‘on behalf of the Welsh Government’ raises a substantial question about whether the right distance is being maintained between the sectional interests of the party in government and the national role of the Welsh Government as an institution.

A Plaid Cymru spokesperson responded: “This email raises serious questions about the internal processes of the Welsh Government and risks jeopardising the independence of the inquiry.

“It is vital that this inquiry remains independent, transparent and fair.

“Plaid Cymru will be urgently raising questions about this matter with the Welsh Government.”

Dame Shan Morgan has also come under significant pressure following her decision to deny lawyers acting for the Sargeant family the opportunity to cross-examine witnesses giving evidence to the inquiry.

The family of Carl Sargeant has threatened legal action after claims they had been excluded from a probe into the late minister’s sacking by Carwyn Jones.

A solicitor acting for the family, Neil Hudgell, said: “The grieving Sargeant family are losing patience and faith in the inquiry and are hurt and upset that everything they have asked for has been ignored.

“Mr Bowen can only go as far as the permanent secretary will allow and we currently have an inquiry process where there will be no effective involvement from the family. How can that be fair?”

A spokesman for the Welsh Government said: “The protocol (agreed between the Welsh Government and the Inquiry) sets out the basis on which the investigation will be conducted and enables the family and any other participant to put forward questions they wish to be asked by the investigator.”

A spokesperson for the independent investigator said: “Mr Bowen QC confirms that the independent QC Investigation will continue to run under the published Operational Protocol while this is resolved.

“Mr Bowen QC is committed to conducting a thorough and independent investigation,” the spokesperson added.

Meanwhile at the inquest into Carl Sargeant’s death, a QC representing Carwyn Jones has claimed that other women have come forward with allegations of inappropriate behaviour against the late Alyn and Deeside AM.

Those allegations, as those supposedly made before Mr Jones sacked Mr Sargeant, all have the inestimable benefit of not being subject to challenge or proper investigation. Moreover, taking the First Minister’s lawyers claims at face value leads to a substantial question of how – if the allegations have substance – Carwyn Jones remained unaware of any issue with his close friend and former colleague’s supposed conduct.

Moreover, the attempt to publicly smear Mr Sargeant, who –as before his death – has no opportunity to defend himself is, Coroner John Griffiths observed unlikely to be relevant to the Inquest process, which raises the obvious question of why it was raised at all by the First Minister acting through his lawyers.

As it is, Mr Jones’ claims to have been a close friend of Mr Sargeant, those were thrown into even deeper question by the QC acting for the Sargeant family.

Leslie Thomas QC told the inquest that the first minister must have been fully aware of Mr Sargeant’s personal issues when he sacked him, as they had been friends for 16 years.

In a statement the first minister and Welsh Labour leader said he had not been aware of any mental health illness or vulnerabilities at the time.

Carwyn Jones is due to give evidence to the inquest, an event that should provide some insight into his ability to reconcile his public and personal pronouncements with information set to be laid before the Coroner.

A request for information as to who is paying for Mr Jones’ representation at the Inquest was unanswered.

News

Return your postal vote and make your voice count

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POSTAL votes for the upcoming Police and Crime Commissioner election can be returned as soon as received.

Those registered should have received their postal vote information and now is the time to fill it in and pop it back in the post.

You must complete the postal voting statement and your ballot paper for your vote to be counted.

Your postal vote pack includes full instructions on how to complete the form and voting ballot.

There will be two envelopes – complete the postal voting statement and include your ballot paper in envelope A before placing that in envelope B, ensuring the freepost return address is visible.

This helpful YouTube video shows how to complete the postal vote documents.

If you need help with your postal vote form you can also call 01437 775844

There are some changes to postal vote submission and you will need to complete a form with our staff if you decide to hand your postal vote in to a polling station or County Hall reception.

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News

Transport Secretary champions 20mph speed limit changes in Wales

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IN a recent address to the Senedd, Cabinet Secretary Ken Skates unveiled a comprehensive three-phase plan aimed at refining the implementation of 20mph speed limits across Wales. This initiative is part of a broader effort to enhance road safety in residential areas, particularly near schools, hospitals, and other sensitive sites.

Skates emphasised the Welsh Government’s commitment to incorporating the views of Welsh citizens directly into the decision-making process. “We’ve started by listening,” Skates stated, underscoring that the voice of the community is pivotal to the transport policy development. The approach includes a significant public engagement campaign set to run until July, where feedback will be sought from a diverse group of stakeholders including bus drivers, emergency service personnel, businesses, and local council representatives.

The Welsh Government plans to work in close collaboration with local authorities to assess and prepare for the proposed changes. This preparation will involve revising guidelines to determine which local roads might be exempt from the new speed limit, with an updated version expected to be published in July. Following this, councils will initiate detailed consultations from September to ensure community needs are fully addressed.

The phases of the plan as outlined by Skates include:

  1. A robust national listening programme to gather input on road safety concerns from across the community.
  2. A partnership with local authorities to prepare for the changes, encouraging public participation in identifying areas where the 20mph limit should be applied.
  3. Implementation of the changes on the ground, with local authorities adjusting speed limits in accordance with new guidelines and community feedback.

The Cabinet Secretary reiterated the primary aim of the policy: “The principal objective is to save lives and reduce casualties on our roads. We continue to believe 20mph is the right speed limit in key community areas, and what I am doing now is listening to what people want for the roads in their communities, and pressing ahead with refining the policy.”

Skates also made it clear that the final decision on the extent of change would not solely rest with the Welsh Government but would significantly depend on the input from local authorities and the public. Information on how residents can participate in this consultation process will be provided on the Welsh Government’s website, ensuring that all community voices can contribute to shaping the future of their local transport policies.

Responding to a press release from Labour’s Cabinet Secretary for Transport, Natasha Asghar MS, Shadow Transport Minister, said: “Whilst I am waiting with bated breath to hear the Cabinet Secretary outline his transport priorities, I fear all this talk of changes to the government’s flawed 20mph scheme is just another example of Labour ministers paying lip service.

“Ministers might be making all of the right noises on 20mph, but if the Cabinet Secretary is serious about listening to the people of Wales, then he will accept that this law was a terrible mistake and repeal it.

“Only the Welsh Conservatives would scrap this disastrous law and get Wales moving.”

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News

NRW issues new enforcement notice at Withyhedge

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NATURAL Resources Wales (NRW) has taken further enforcement action at Withyhedge Landfill in Pembrokeshire, setting out the urgent steps its operators must take to address the site’s ongoing odour and landfill gas emission issues.
NRW has issued site operators Resources Management UK Ltd (RML) with a further Regulation 36 Enforcement Notice, which requires the operator to deliver a series of actions by specified deadlines – the first due to be achieved by April 21.

The actions include implementing measures relating to gas management infrastructure, further capping areas of the site, and improving interim cover arrangements as the work progresses.

Each step outlined in the Notice must be completed by May 14.

However, the Notice stipulates that most works must be completed before May 8.

The measures are intended to address the odour issues experienced by communities surrounding the site.

Although actions set out in the Section 36 Notice issued in February to prepare and cap a waste cell and install gas infrastructure to contain and collect landfill gases appear to have been completed, the site operator has identified further areas of the site which could be causing problems.

RML submitted their plans to resolve these issues last week.

The proposed solutions informed the actions included in a new S36 notice issued last week.

The new enforcement activity requires the operator to deliver the additional steps they need to take.

If the actions outlined in this new Notice are not complied with, NRW will not hesitate to take further action. The Welsh Government agency will consider all the regulatory tools available, including issuing a Section 37 suspension notice.

A Section 37 Notice would end operations at Withyhedge

Huwel Manley, Head of South West Operations, NRW, said: “NRW is taking additional enforcement action to ensure RML Ltd. takes the urgent action they have identified needed to control the odour issues at Withyhedge Landfill.

“We fully understand the growing discontent from the affected communities, and we feel that it is unacceptable for residents and visitors to the area to continue to be affected by these odour and landfill gas emissions.

“We want to reassure everyone that we are committed to ensuring RML Ltd. deliver the actions they have identified and that they work quickly to resolve this issue.

“While the pressing work required by the operator progresses over the coming days and weeks, the site remains under investigation, and we will continue our regulatory presence.

“Nothing is off the table. If the series of actions required in this Notice are not complied with, we will have no hesitation to take further enforcement action, considering every option available to us under the regulations, including suspending the environmental permit if appropriate.”

Will Bramble, Pembrokeshire County Council Chief Executive, said: “We are extremely disappointed that RML, the company managing the Withyhedge landfill site, has not delivered the necessary action to stop the completely unacceptable odour emissions.

“We fully support NRW’s additional enforcement action and continue to work closely with them to correct the situation.

“We also support NRW’s intent to take further action should it fail to meet the May 14 deadline, including considering suspending the permit.

“Geotechnology is monitoring under the direction of the air quality cell and liaising directly with residents affected.

“We will ensure the data is made available to the public at the earliest opportunity.”

The controversy over £200,000 in donations to Vaughan Gething’s Labour leadership campaign by companies linked to Withyhedge and a further substantial personal donation by company director David Neal continues to dog Wales’s new First Minister.

As revelations continue to bubble up from under the cap that Mr Gething has tried placing on them, the smell from Withyhedge has reached Cardiff Bay. It is beginning to stink out the Senedd.

More details of that story are elsewhere in this week’s Herald.

NRW requests that instances of odour from the landfill continue to be reported via this dedicated form: https://bit.ly/reportasmellwithyhedge.

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