News

Rapist councillor to appeal child sex conviction

Published

7 years ago

July 25, 2018

THE FORMER Mayor of Pembroke and convicted child rapist Dai Boswell is to appeal his conviction of historic child sex offences.

The Herald has been told by Pembrokeshire County Council that Boswell lodged an appeal against conviction and sentence last week.

The St Mary North representative’s conviction had led to calls on social media for him to be somehow ‘sacked’ as a councillor.

However, due to a 46-year-old piece of legislation, Boswell is still able to receive his allowance as a member of the County Council and there is nothing the Council can do to stop it.

The fact that the former Mayor of Pembroke, who has been convicted of a string of historical sex offences is able to continue to receive his allowance has caused understandable outrage. However, PCC are powerless to remove him as a councillor due to the terms of the Local Government Act 1972.

The power to amend the legislation and change the criteria for when a councillor may and may not remain in post is under the control of the Welsh Government, and amending the law would require specific legislation to the Welsh Assembly, which is now in recess.

The law currently means that steps to disqualify a councillor can only be taken if they fail to appeal to the conviction within 28 days of sentence being passed upon them – in Boswell’s case that no longer applies.

As he is appealing his conviction, Boswell cannot now be disqualified under the provisions of the relevant part of the Act covering disqualification until the conclusion of the appeal process and only then if his conviction is upheld.

To heap further misery upon the Council – which is copping an extraordinary amount of criticism – there is nothing it can do to either short-circuit that process or to take steps that would amount to going behind it by suspending the paedophile councillor until the end of his appeal.

When we asked the County Council to explain the position for our readers, a spokesperson told us: ”Pembrokeshire County Council is aware that there is some speculation around the position of Councillor David (Dai) Boswell following sentencing on 13 July for extremely serious sexual offences against two children.

“Unless the Councillor resigns from his position, the Council can only disqualify a Member if, since election, he has been convicted of an offence and has been sentenced to imprisonment for a period of not less than three months.

“Conviction is deemed to occur on expiry of the period allowed for making an appeal or application with respect to the conviction (the defence has 28 days in which to serve an appeal notice following conviction), or the date on which such appeal/application is finally disposed of. Councillor Boswell submitted a notice of appeal against all convictions and sentence on 16 July.

”Councillor Boswell retains his seat and is currently entitled to receive a salary. The Council cannot declare a vacancy until the appeal process is completed or, if the date is sooner, the date six months from which he has failed to attend a meeting of the Council, that date being 23 October 2018.”

In short, due to the way the Local Government Act was drafted almost half a century ago, a ‘conviction’ does not become what might be deemed ‘a final conviction’ until after a failed appeal and Boswell remains a councillor until that point and entitled to his remuneration as such.

However, a possibility remains open for the Council to pursue in order to rid itself of Boswell in a few months’ time.Under the law, if a councillor fails to attend a meeting for a period of six months, they can be removed and a by-election called.

Child-rapist Boswell last attended a meeting of the Council on April 23.The period of six months for disqualification runs forward from that date and continues to run at the same time as any period following conviction, sentence, and/or appeal. It is highly unlikely that any Judge would even consider an application to set aside any decision by the Council to remove Boswell from his Pembroke St Mary’s seat after the six month period had elapsed, unless further assurances had been given to Boswell by Council officers in relation to the rule’s operation upon him before St George’s Day or afterwards.

We asked the NSPCC whether they were actively lobbying for a change in the law to prevent such a scandal occurring again.

An NSPCC spokesperson said: “Boswell was convicted of appalling sex offences against children and it is right that he now faces many years behind bars where he cannot harm others.

“It is wrong that someone convicted of sexual crimes against children can continue to serve as an elected official for any period of time and we support a change to the law to ensure situations like this are not repeated.”

The key point is that it is a change in the law which is required, not unilateral and unlawful action by the Council, however well-intentioned.Moreover, the WLGA developed the same point in its press statement on the Boswell case.

After pointing out the extreme rarity of cases such as Boswell’s, a WLGA spokesperson said: “The issue in question is a legal anomaly in the current framework that needs to be urgently addressed. A guilty verdict does mean an automatic disqualification, following a 28-day window for a possible appeal.

“This is where the problem is located and needs urgent review, especially as this deplorable offence is a fundamental breach of the statutory duty that councillors have to ensure that all children within local authority areas are safeguarded and protected.”

Meanwhile, councillors will be ruing the advice tendered to Boswell by Monitoring Officer Claire Jones last year – namely, that he did not have to attend council meetings as seminars would do – that issue now is more to do with the confidence they can have in the Monitoring Officer.The Herald has spoken to a number of councillors, all of whom are less than impressed by the position into which the Monitoring Officer’s advice to Boswell has placed them, with one suggesting it would be hard for Ms Jones to regain members’ trust in the validity of her judgements in light of the mess.

Those feelings are intensified by the fact that had Boswell applied for a leave of absence under the rules, as a person innocent until proven guilty it would have been bound to have been granted. It is possible that in seeking to avoid one unpopular decision, a ‘solution’ was reached which has now come back to bite those officers involved in the original decision. A decision upon which no councillors were consulted.

That confidence will have been further eroded by the extraordinary debacle that saw members of the Council’s staff scuttling around County Hall to find records and a dramatic reinterpretation of the status of a sandwich lunch attended by Boswell in November 2017 before James Goudie QC was able to support the Monitoring Officer’s peculiar interpretation of the rules and regulations.

News

County Hall lights up to mark Holocaust Memorial Day

Published

20 hours ago

January 25, 2025

Tom Sinclair

COUNTY HALL in Haverfordwest will be lit in purple on Monday January 27 to mark Holocaust Memorial Day.

This year Holocaust Memorial Day marks the 80^th anniversary of the liberation of Auschwitz-Birkenau, and remembers the six million Jews murdered during the Holocaust and those killed in genocides that followed.

The theme of this year’s commemoration is ‘For a Better Future’ and focuses on what everyone can do to create a better future.

This includes speaking up against Holocaust and genocide denial, challenging prejudice and encouraging others to learn about the Holocaust and more recent genocides.

Pembrokeshire County Council Leader, Cllr Jon Harvey, said: “This year’s Holocaust Memorial Day is particularly poignant as we remember the moments that Auschwitz-Birkenau was liberated and the horrors of the Holocaust revealed to the world.

“We all have an opportunity to take action for a better future. A better future where people are not suffering prejudice or persecution because of their faith, ethnicity or other characteristic.”

Council Presiding Member, Cllr Simon Hancock added: “On Holocaust Memorial Day, we remember the Jewish victims of the Holocaust and all the others who suffered under Nazi persecution and the genocides that have followed.

“As we honour their memories, we also pledge to fight prejudice, discrimination, and antisemitism in society today.”

You can see more information on Holocaust Memorial Day at: https://hmd.org.uk/

News

Pembrokeshire cottage extension expected to be refused

Published

21 hours ago

January 25, 2025

Bruce Sinclair - Local Democracy Reporter

PLANS adapt an outbuilding at a north Pembrokeshire cottage, which has had two previous extensions, to provide additional space for visiting family members are expected to be refused.

In an application recommended for refusal at Pembrokeshire Coast National Park’s development management committee meeting of January 29, Mr and Mrs Lewis seek permission for the park to allow habitable rooms in a consented building, along with a link to the existing dwelling at Lleine, near Moylegrove.

A supporting statemen through agent Harries Planning Design Management says: “This planning application follows a previously submitted planning application for extension to the dwelling and the rebuilding of existing outbuildings.

“It also follows a pre-application advice enquiry for an extension and to allow habitable rooms in the outbuilding and a refusal for an application of a similar nature. Following the refusal, we met with officers at the [national park] offices in Pembroke Dock to discuss a way forward for this proposal given the reason is to enable relatives to stay with the family. We therefore have followed the advice of the officers and provided amended plans following their response.”

An officer report for planners says Lleine, on a minor coastal road linking Newport and Moylegrove, is a traditional single-storey cottage that has been extended on two occasions previously.

It adds: “This application seeks consent to allow habitable rooms in an outbuilding which previously gained planning permission, together with the erection of a link to the existing dwelling. The current application follows the refusal [of a previous application], which also sought consent to allow habitable rooms in the previously consented building, and the construction of a link to the main dwelling.

“It was considered by officers that the proposal represented an over-development of the original dwelling by introducing additional accommodation and built form over and above that which was granted.”

It says that while the revised proposal is smaller, “it is still considered that the further additional built form would be an over-development of the existing dwelling, which already been extended extensively”.

The application has been brought to committee consideration rather than decided by officers at the request of the local councillor.

Crime

Dyfed-Powys Police tax bill could rise by nine percent

Published

21 hours ago

January 25, 2025

Bruce Sinclair - Local Democracy Reporter

THE POLICE part of the council tax bill in Dyfed and Powys is expected to rise by nearly nine percent, meaning the average household could be paying £360 for that element alone.

The overall council tax bill for residents in the counties of Pembrokeshire, Ceredigion, Carmarthenshire and Powys is made up of the county council element of the council tax, the Dyfed-Powys Police precept, and individual town or community council precepts.

In a summary before the January 24 meeting of the Dyfed Powys Police and Crime Panel, held at County Hall, Haverfordwest, Police and Crime Commissioner Dafydd Llywelyn calls for a raising of the precept by nearly nine per cent for the 2025-’26 financial year.

The summary says: “After extensive scrutiny by the Police & Crime Panel (P&CP), I was unanimously supported in setting a council tax precept for 2024/25 in Dyfed-Powys of £332.03 for an average band D property, once again being the lowest in Wales.

“At every stage within the series of precept and medium-term financial plan meetings, and indeed through my scrutiny and review of the in-year financial position, I critically question and constructively challenge aspects of the revenue budget requirement and organisational delivery structure to assure myself of the requirements, progress and ultimate delivery. I also undertook a series of challenge and scrutiny sessions specifically reviewing the Estates, ICT and Fleet Strategies and future capital programme.

“To inform my considerations for 2025/26 and to fulfil my responsibilities as Commissioner, I consulted with the public to obtain their views on the level of police precept increase. It was pleasing to see an increase in respondents since 2024/5 with 76 per cent supporting a precept increase above Nine per cent.”

It added: “I am painfully aware of the pressures that the cost-of-living crisis continue to put on our communities. There is a fine balance between ensuring an efficient and effective, visible and accessible Policing Service, addressing operational services demands to ensure the safety of the public, whilst also ensuring value for money for the taxpayers and sound financial management.

“Having undertaken a comprehensive process, I am confident in the robustness of this MTFP, but this does not underestimate the difficult decisions or indeed mitigate the financial challenges and uncertainties which are outside of our control.

“I therefore submit my precept proposal for scrutiny by the Dyfed- Powys Police and Crime Panel, which will raise the average Band D property precept by £2.39 per month or £28.65 per annum to £360.68, an 8.6 per cent increase. This increase will raise a total precept of £86.366m.

“This will provide a total funding of £153.304m, representing a £9.4m/6.5 per cent increase on the revised funding for 2024/25.”

For the individual council tax bands of A-I, the proposed levels, and increase on last year, are: £240.46 (+£19.10), £280.53 (+£22.29), £320.61 (+£25.47), £360.68 (+£28.65), £440.84 (+£35.02), £520.99 (+£41.39), £601.14 (+£47.76), £721.37 (+£57.31), and £841.60 (+£66.86).

Ceredigion is currently mooting a near-10 per cent increase in that element of the overall council tax bill.

Anyone paying a premium on council tax, such as second home-owners, also pay the premium on the police precept, meaning their bills for this element are proportionately higher.