Politics

Impartiality of civil service questioned

Published

3 years ago

June 27, 2018

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.

Politics

Dowson dissents on new CEO

Published

4 days ago

April 12, 2021

Andy Chandler

A PEMBROKESHIRE county councillor has come forward to oppose the appointment of the authority’s new Chief Executive despite not voting against it when an Extraordinary Meeting of the Council considered.

Controversial Pembroke Dock Central county councillor Paul Dowson issued a press release in which he said that the new CEO had ‘no track record’ in the role.
Last Wednesday (March 31) Pembrokeshire County Council overwhelmingly voted in favour of Major-General Will Bramble’s appointment.

Councillors voted 48 votes for with two abstentions and one against.

Milford Central councillor Stephen Joseph’s was the sole vote against the appointment.

Cllr Joseph is a noted booster of former CEO Ian Westley, whose departure with a £95,000 pay-off caused controversy.

An Audit Wales investigation into the circumstances surrounding Mr Westley’s pay-off is due to report within a few weeks.

Major-General Bramble is currently the Senior British Officer in Italy and Deputy Commander of the NATO Corps in Italy.

His track record was not enough to impress Cllr Dowson, however.

Cllr Dowson said: “He has no experience in a local authority having spent his career entirely in the military.

“I felt that the massive responsibility that comes with this role and the salary level requires more than just one candidate at final stages.

“Cllrs Josh Beynon and Di Clements both stated, ‘give him a chance”.

“I’m afraid at this level you don’t give someone a chance,especially one with no track record in the job.

“He was a very good candidate but I’m not prepared to make a decision on an option already chosen by the senior staff committee and presented to the full council for approval.

“The candidate was strong but the post should have been readvertised and he should have been put forward for the final round when others were competing for the job too.”

Politics

Criticism of Labour’s water pollution policy grow

Published

1 month ago

March 15, 2021

Luke Sinclair

JANET FINCH-SAUNDERS MS – the Shadow Environment and Rural Affairs Minister – has backed a call from rural economy agency Country Land and Business Association (CLA) Cymru for a targeted response to water pollution in Wales.

Last week, a motion to annul the regulations narrowly failed to pass after Labour used its bloc vote.

Labour has twice voted against rescinding the Welsh Government’s NVZ policy and used a procedural ruse to ram the legislation through without scrutiny.

Among those aiding and abetting Labour was the outgoing MS for Dwyfor Meirionnydd, Dafydd Elis Thomas. He was joined by Caroline Jones, formerly of UKIP, who is odds-on to lose her regional seat at May’s election. Education Minister Kirsty Williams, the Senedd’s sole Liberal Democrat MS, did not vote at all, not even to abstain.

Despite notionally representing a rural area of Wales, Eluned Morgan and Joyce Watson backed the controversial rules, which could drive Pembrokeshire’s small local dairy farmers out of business.

RIGHT OBJECTIVE WRONG METHOD

Fraser McAuley, CLA Policy Advisor, said: “The Government’s laudable objectives can be better met by an approach which focuses attention where it’s most needed. Where a problem doesn’t exist, we should not be imposing unnecessary costs on a hard-pressed sector in a future of uncertainty.

“The crude closed-periods for nutrient-spreading will do everything to encourage more intense spreading in the open-periods. This limits farmers’ capacity to choose the right ground-conditions to add nutrient. In some instances, this could make matters worse!”

Mr McAuley continued: “We really don’t believe the Welsh Government has allocated sufficient resource to do the job. We will be pressing-hard for more capital support through the Farm Business and Sustainable Production Grants. Penalising hard-stretched farmers will lead to more departures from the business by small operators. The livelihood of many small family farms is at-stake.

“We’ve got a great opportunity to get this right in the White Paper on Agriculture. Here, we can create a solution that fits into the big picture: creating a prosperous farming sector based on sustainable land management principles. This is the real goal.”

WG HASN’T LISTENED TO THE SCIENCE

Janet Finch-Saunder said: “CLA Cymru is bang on the money here over Labour’s unfair stance on nitrate vulnerable zones (NVZ).

“As Welsh Conservatives have repeatedly said, a blanket NVZ policy discriminates against farmers who are abiding by the regulations. A targeted approach focused on where it’s most needed means resources can be better and more efficiently applied.

“Unlike Labour, which is peddling a myth that the voluntary approach has failed, I would look to back the Blue Flag Farming approach. We should pursue the Water Standard and work to deliver on the 45 recommendations by the Wales Land Management Forum Sub-Group on agricultural pollution., They have been entirely ignored by the Welsh Government.

“The pandemic hasn’t helped, but farmers in Wales have had a tough time under Labour. Imposing unnecessary costs on this vital sector of the Welsh economy helps no-one and won’t solve the problem.”

Preseli Pembrokeshire MS Paul Davies said: “These excessive and disproportionate proposals will have a massive impact on the viability of many farms across Wales. Even then, Natural Resources Wales has warned that the proposed new rules will have the perverse outcome of making water quality worse.

“The regulations will threaten the sustainability of many farms in Pembrokeshire and have a serious impact on farmers’ mental health. And they will do this while there is still no clear evidence that this action will actually deliver the improvements in water quality that they have set out to achieve.”

‘CULTURE WAR’

Carmarthen East & Dinefwr’s MP, Jonathan Edwards, went further and accused the Welsh Government of stoking a ‘culture war’ between farmers and the environmental lobby for electoral advantage.

Mr Edwards said: “There is nothing new surrounding issues of slurry management. I am, therefore, baffled as to why the Labour Government are so intent on bringing forward this poorly thought out measure a month before an election.

“Creating an all-Wales NVZ seems completely ham-fisted. A more subtle policy would have concentrated on problematic geographical areas instead of a blanket all-Wales policy.
“The Labour Government have also failed to consider the emergence of innovative slurry management technology.

“Coleg Sir Gar Gelli Aur campus has been working on a dewatering and purification system for slurry resulting in zero waste. The Labour Government should be using its environmental budget to help the industry make the transition to the use of new technology.”

Jonathan Edwards concluded: “Unfortunately, the Labour Government have decided to engage in the politics of culture war. Its creating division between farmers and the environmental lobby instead of working collaboratively on areas of mutual interest.

“Instead of using farmers as a political football, the Labour Government should be working with our agricultural sector. Its members are already having to contend with the huge challenges created by the Tory British Government’s Brexit policy.”

UNINTENDED CONSEQUENCES

Plaid Cymru’s candidate for Preseli Pembrokeshire, Cris Tomos, said: “It is concerning that the Labour Welsh Government continues to ignore farmers and the farming unions.
“These regulations could be detrimental to the farming community, especially to the Welsh family farm.

“The Labour Welsh Government should be making every effort to work with farmers.”

Cris Tomos added: “It is also concerning that, on the one hand, Labour has pledged to fulfil its ‘One Million Welsh Speakers’ promise, and on the other, it continues to betray the industry with one of the highest rates of Welsh speakers.”

A TIGHT TIMETABLE

If Labour intends to plough on with its legislation, it really has to get its skates on.

The Senedd term ends soon. After that point, Labour will not be able to lay its new regulations.

It has not even published them yet. And that leaves farmers in limbo.

Farmers will not know the detail of the divisive and costly new rules until days before they are due to come into force.

How the Welsh Government can ask a regulator to enforce those rules without a lengthy lead-in is something the Welsh Government has not set out. It has also provided no extra funding to its environment watchdog, NRW, to deal with the rules’ impact and enforcement.

‘GREEN’ CREDENTIALS

Having promised a Clean Air Act for Wales in its 2016 manifesto, it is nowhere near bringing any such legislation forward. It appears it’s more in the presentation and consultation than in the statute book.

Labour Senedd members and ministers who have been remarkably silent on agriculture for the last five years now express a deep and abiding interest in the topic.
As Jonathan Edwards notes above: you’d think there was an election coming.

In contrast to its green branding, Labour withdrew business rates support from small hydropower businesses. It claimed the cost of rates relief to them could not be afforded due to the Covid pandemic. It saved under £1m.

Regardless of when the Welsh Government publishes its regulations, it faces a potential legal challenge from NFU-Cymru. NFU-Cymru says the Welsh Government failed to follow its own rules on the rules’ impact before forcing them through the Senedd.

Labour ministers pressed on without knowing what would happen in practice or, worse, simply turned a blind eye to the consequences. They also ignored the Impact Assessment of the Welsh Government’s own regulator.

Meanwhile, Labour’s Rural Affairs Minister, Lesley Griffiths, broke repeated promises made to the Senedd and farming unions about the regulations’ introduction during the pandemic.

Unfunded, unenforceable rules of unknown impact are unlikely to achieve their aim: that’s not a compelling legislative legacy.
Suppose Labour cannot form a majority government propped up by votes from individuals like Dafydd Elis Thomas. In that case, it will need to haggle over its future plans or face legislative deadlock.

Anyone would think there was an election coming.

Education

Senedd approves Wales’ National Curriculum

Published

1 month ago

March 15, 2021

Luke Sinclair

MEMBERS of the Senedd voted to pass the National Curriculum Bill’s final text, meaning the Curriculum for Wales will now be introduced in 2022. Throughout the debate on its final stage, which took place on Tuesday (March 9), opposition members praised Wales’ Education Minister, Kirsty Williams. Members from all sides saluted her patience and diligence in guiding a significant piece of legislation onto the statute book. Even members who disagreed with the Bill’s content and opposed its passage highlighted the Minister’s personal contribution and commitment to creating Wales’ first national Curriculum. A NATIONAL MISSION The Bill was the subject of intensive scrutiny and broad consultation. Speaking in the Senedd, Mrs Williams said the Bill’s passage was ’a national mission’. “It would have been simpler to cook up plans in Cathays Park in a back office and issue a ‘take it or leave it’ offer,” the Education Minister said. She continued: “But our combined efforts with teachers, academics, parents, and many organisations here and abroad is worth so much more because of that ‘national mission’ spirit.” Kirsty Williams paid a personal tribute to Labour MS Lynn Neagle, Chair of the Children’s and Young Persons’ Committee. Under Lynn Neagle’s leadership, the Committee rigorously scrutinised the Bill and made a series of recommendations in its text. Of the Labour backbencher, Kirsty Williams said: “I conclude by thanking Lynne Neagle for her tough, astute, tenacious, sometimes bloody-mindedness in her approach to this legislation. I mean that as a compliment, Lynne. “As I said earlier, the results of the committee’s work have made this a better Bill.” She had similarly warm words for her Conservative opposite number, Suzy Davies. Mrs Williams acknowledged: “She has worked incredibly hard on this Bill, and I know that she’s been fully committed to the scrutiny process. As I said in opening my comments today, I think we have a better Bill due to the CYPE committee’s efforts. I have gone to great lengths to try and respond positively to the cross-party report that the Committee published to try and meet those aspirations.” Like Mrs Williams, Suzy Davies steps down as an MS in May. She was unable to attend the debate. CURRICULUM CONTROVERSY Despite the Minister’s warm words, the new Curriculum’s journey to the statute book has not been without controversy. Activists railed against the Curriculum’s Religion Values and Ethics element and its focus on Welsh language teaching’s importance to all of Wales’ pupils. The inclusion of Relationships and Sex Education (RSE) in the Curriculum provoked vituperative responses from a small group of parents. They opposed children receiving what they’ve claimed will be inappropriately explicit sexual education. Senior Policy Researcher for NSPCC Cymru/Wales, Dr Sarah Witcombe-Hayes says: “The strength of support for mandatory relationships and sexuality education to be included in the new Curriculum for Wales by leading child protection experts and charities highlights what a game-changer this is. “The changes are long overdue, but in passing this Bill Senedd members are helping to protect children and young people from abuse – making sure every child and young person in Wales can access high quality RSE that is relevant, sensitive and appropriate to their own capacities and needs. “It will help all learners understand their rights to safe, healthy and fulfilling relationships throughout their lives, and schools must now be supported and fully resourced to deliver inclusive and high quality RSE from September 2022.” Regarding Welsh Language teaching and RSE, those with genuine concerns had those worries preyed upon to grandstanding political effect by fringe political movements, such as Ukip and Abolish the Assembly (sic.) Speaking for the latter group, Gareth Bennett said: “The downgrading of English teaching in the interest of immersion in Welsh is a sinister development. It will surely disadvantage Welsh schoolchildren who are not from a background of speaking Welsh at home.” Dr Felix Aubel, a noted controversialist, said: “UKIP would divert millions of pounds by abolishing the legal requirement to forcibly impose the Welsh language on people.” Like Abolish, UKIP will campaign on a platform of abolishing Welsh parliamentary democracy. Those organisations’ concerns on Welsh language education ignore the fact Welsh is the national language of Wales. Every credible educational study underlines how children benefit from bilingual education. HISTORY TEACHING CONCERNS PLAID On Tuesday, further and concerted criticism of the new Curriculum came from Plaid Cymru. Perturbed by the absence of Welsh history’s teaching, Plaid’s Sian Gwenllian announced the party would vote against the Bill in its final stage. Plaid’s Shadow Education Minister said that, although her party supported the Bill’s direction of travel: “Plaid Cymru argued for the inclusion of two other mandatory elements that could also contribute towards creating that social, far-reaching transformation that we want to see, namely the history of Wales in all of its diversity, including black and people of colour history, and environmental education, including climate change.