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Home Office in court: Asylum seeker’s legal team argue Penally Camp conditions are ‘unlawful’

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A COURT CASE has been filed in the High Court against the Home Office by a resident of the Penally Asylum Seeker Accommodation Centre.

The 20-year-old Iraqi national at the centre of the case has mounted a legal challenge arguing the way that he has been treated is “plainly unlawful”.

His lawyers are arguing on his behalf that an ex-army camp holding hundreds of asylum seekers is in breach coronavirus guidelines, and places residents at risk of suffering degrading treatment.

The asylum seeker’s legal team have also said that the conditions in the camps are breach the government guidelines on Covid-19 precautions, as well as placing residents at risk of suffering from “degrading” treatment due to unhygienic conditions and a lack of access to medical care.

It was revealed in court on Friday that an asylum seeker recently tested positive for the coronavirus in Penally barracks – and there was no indication that others who were in close contact were allowed, or required, to self-isolate, nor that anyone who might have been in contact had been tested and treated as required.

The Home Office has already faced a number of individual challenges from asylum seekers – at least 10 of which the department conceded before the case went to court, resulting in the claimants being moved out.

Submissions were made in the High Court on Friday (Dec 4).

The Iraqi says he was one of the first to arrive at the camp, having been moved to Penally barracks soon after it opened. He was previously housed in various hotels since he arrived to the UK in March this year.

The legal team argues that his continued stay at the camp has posed a “real risk” to his health and that there had been “no lawful or reasonable justification for removing him from suitable accommodation to the facility”.

The court was told that conditions at the camp did not allow for social distancing nor for compliance with the six-person rule, and that there was “no indication” that residents had proper access to medical care or masks, unless provided by a charity.

In documents submitted to court, the legal case is put forward as follows: “The [Home Office’s] failures arguably amount to a breach of Article 3 [of the] European Convention of Human

Rights and amount to serious mistreatment, neglect and general poor care on the part of the secretary of state,”.

They went on to state that while it was accepted that there was an “added burden” on the Home Office because of Covid-19, the department’s actions were nonetheless “plainly unlawful”.

A Home Office spokesperson said residents were staying in safe, Covid-compliant conditions, in line with the law and social-distancing requirements, and were provided with guidance in relation to self-isolation, social distancing and hygiene.

However, a lawyer acting for the 20-year old Iraqi said that while the Home Office assert that the barracks is Covid safe, it is “plainly not given the absence of even the most basic Covid precautions such as hand sanitiser.”

Shadow home secretary Nick Thomas-Symonds has condemned the decision to place asylum seekers in the ex-military facilities, calling for “proper processes for transparency and accountability” in place throughout the immigration system.

Sonia Lenegan, legal director at the Immigration Law Practitioners’ Association, said: “Since the barracks were repurposed as asylum accommodation in September, concerns have been raised about the unsuitability of this accommodation by NGOs, lawyers, medical professionals, the Welsh government, the police as well as the local community.
“It is time for the Home Office to listen to these concerns, close the barracks and move people into safe and appropriate accommodation.”
A Home Office spokesperson told The Pembrokeshire Herald: “As this is an ongoing legal case it would be inappropriate to comment further.”

The case continues.

Community

Only three anti-social behaviour warnings in Haverfordwest in two years

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DESCRIBED as a “waste of taxpayers’ money”, a protection order introduced in the centre of Haverfordwest to tackle antisocial behaviour has been “an unnecessary tool” which only resulted in three warnings in two years.

Prior to its backing in mid-2022, a plan to introduce a Public Spaces Protection Order (PSPO) in Haverfordwest town centre had been under discussion for some time, with a public consultation on the matter, as well as previous debates by Pembrokeshire County Council.

The proposals were brought by the town’s then five county councillors, initially prompted by anti-social behaviour and drinking issues at the skate park but later expanded to a large part of the town centre, and were developed in partnership with Dyfed-Powys Police.

Claims had previously been made that “gangs of feral children are roaming around town”, with members of the public subject to verbal and physical abuse in Haverfordwest, and a “criminal element” dealing drugs in the town.

The PSPO gives police and PCSOs additional powers for three years to issue a fixed penalty notice of £100 if someone fails to comply with a request to cease consumption of intoxicating substances in a designated area.

At the time, Cllr Jacob Williams said on “civil liberties grounds” he was shocked to see what was being proposed.

“I think this is way over the top and not a proportionate response,” he said.

The PSPO area includes the Withybush retail area, the river alongside Morrisons, Barn Street, Horsefair roundabout, Rifleman Field, skatepark, Fortunes Frolic and out to the train station.

The December meeting of Pembrokeshire County Council received a submitted question by Independent Group leader Cllr Huw Murphy, who had opposed the scheme.

“At full council on July 14, 2022 a decision was made to implement a Public Space Protection Order (PSPO) within certain areas of Haverfordwest.

“A Partnership Panel held on May 23, 2024, received confirmation that since this PSPO was implemented there have been no prosecutions or fixed penalties issued. There was a cost implication in implementing this PSPO for PCC, money that we can ill afford to spend when ample legislation exists for dealing with antisocial behaviour.

“Therefore, can it be agreed that in future such applications are given greater scrutiny to avoid further waste of taxpayers’ money and what actually reduces antisocial behaviour is increased pro-active policing not more legislation?”

Responding to Cllr Murphy’s question Cllr Williams, now Cabinet Member for Planning & Regulatory Services, said he agreed with the questioner.

“Cllr Murphy and I were among several who opposed this introduction, among the things I said was I was aghast at this proposal which had snowballed; I would’ve been in support around the skate park rather than the town.”

He added: “The way the council was proceeding was not justified and I voted against it; as Cllr Murphy’s question states there have been no prosecutions, but on three occasions police have warned people about offences.”

Cllr Williams said any potential renewing of the order – up for review next year – would go to scrutiny committee before coming before council, “should there be an appetite for this PSPO to be renewed”.

He concluded: “It could be argued there’s no prosecutions so it’s worked; but only three persons have been warned [by police], I think that paints a story that it was probably not only was not a success but probably a tool that was not necessary.”

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Community

Derelict Pembroke play area could be turned into allotments

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A CALL by a Pembrokeshire town council to be allowed to site allotments on a county council-owned derelict play area is to be considered by planners.

In an application submitted to Pembrokeshire County Council, Pembroke Town Council is seeking permission for a partly retrospective change of use of the former local authority play area on land to the rear of Station Road, Pembroke to 20 allotments.

A supporting statement accompanying the application says: “The area was a former local authority play area and has not had play equipment or been open to the public for over 20 years.  Due to demand of allotments, we the town council have leased the land from Pembrokeshire County Council as a community growing area. The land will be divided into around 20 plots. There will also be a 1.5m wide pedestrian path, going through the middle of the field to access the individual plots.

“The site is in a state of unkemptness due to restricted access and a lack of use by any departments in the authority for at least the last decade. PCC own the site, and Environmental Services are Asset Managers. On the whole the site is in remarkably good condition and requires very little intervention as a proposed allotment.”

It adds: “Only pedestrian access is possible to the site, however this makes highly suitable to offer to local residents, which would be preferential. Delivering items to the site may be hindered but tenants are asked only to take what they’ll use to an allotment site to prevent refuse accumulating, and the gateway is wide enough to accommodate wheelbarrows.

“With regards to allotments, we tend to provide an area of land ’as seen’, it would be a tenant’s responsibility to tidy the plot and rid it of weeds and unwanted green growth, and deal with composting accordingly.”

The application will be considered by county planners at a later date.

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News

Labour’s refusal to compensate WASPI women sparks outrage

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THE UK LABOUR GOVERNMENT has ignited controversy by refusing to compensate the 3.8 million Women Against State Pension Inequality (WASPI) campaigners affected by changes to the state pension age. The decision has drawn fierce criticism from opposition figures and campaigners, who accuse Labour of breaking election promises made to these women.

The WASPI women are campaigning because they believe they were unfairly impacted by changes to the state pension age, which were poorly communicated and left many born in the 1950s financially unprepared. The sudden shift from receiving pensions at 60 to later ages caused significant hardship, as many were unable to adjust their retirement plans in time. They argue the changes disproportionately affect them due to limited financial opportunities earlier in life, and the lack of transitional arrangements or compensation exacerbates the harm caused. WASPI women seek fair redress for the financial and emotional distress they have endured.

Andrew RT Davies, Senedd Member for South Wales Central and former Welsh Conservatives leader, condemned the decision. Speaking to The Herald, he said: “This decision shows what a bunch of shameless opportunists Labour are. Many of the Labour great and good, including Eluned Morgan, said their party would compensate WASPI women when they were trying to get votes, and now haven’t kept up their end of the bargain.

“People across Wales will see this decision and conclude that they cannot trust Labour again.”

The controversial decision

The announcement follows a long-standing campaign by WASPI women, who argue that the government failed to notify them adequately about changes to the state pension age. These changes left many women facing financial hardship.

The Parliamentary and Health Service Ombudsman (PHSO) previously recommended compensation ranging from £1,000 to £2,950 per affected individual. However, the Labour Government has rejected providing financial redress, citing financial constraints.

Key points from the decision include:

  • Work and Pensions Secretary Liz Kendall described compensation as “unfair and poor value for taxpayers’ money.”
  • Chancellor Rachel Reeves defended the move, claiming most women were aware of the pension age changes and suggesting the reforms had “significant awareness.”
  • Ministers argued there was no evidence of “direct financial loss” and that compensation could cost up to £10.5 billion, which they deemed disproportionate.
  • The government plans to introduce an action plan addressing issues raised in the Ombudsman’s report, aiming for clearer communication in future pension reforms.

Backlash from campaigners

The WASPI campaign group condemned the decision as “bizarre and totally unjustified.” A spokesperson said: “This is a devastating blow for the millions of women who have been waiting for justice. It raises serious questions about the government’s commitment to fairness and accountability.”

Liberal Democrat Welsh Affairs Spokesperson David Chadwick MP called the decision a “day of shame” for Labour.

“The new government has turned its back on millions of pension-age women who were wronged through no fault of their own. Ignoring the Ombudsman’s recommendations is disgraceful.

“For years, Liberal Democrats have pushed the government to fairly compensate WASPI women. Today’s heartless decision cannot be allowed to stand, and we will press ministers to give those affected the fair treatment they deserve.”

Political ramifications in Wales

In Wales, where Labour has traditionally held strong support, the decision has caused outrage among affected women.

“We trusted Labour to stand up for us,” said a WASPI campaigner in Cardiff. “They promised us compensation, and now they’re turning their backs. How can we ever trust them again?”

Andrew RT Davies warned of potential long-term political consequences. “Labour’s actions send a clear message to voters: when push comes to shove, they cannot be trusted to deliver on their promises,” he said.

Financial and social impact

The refusal to compensate exacerbates the financial struggles faced by many WASPI women. Campaigners argue the decision undermines their financial stability and fails to acknowledge the harm caused by the sudden changes.

“This isn’t just about money,” said another campaigner. “It’s about fairness. Many of us lost years of financial stability and retirement dreams. That’s not something you can sweep under the rug.”

Next steps for campaigners

The WASPI group vowed to continue fighting for justice, with plans for legal challenges and further demonstrations to keep the issue in the public eye.

As Labour faces backlash, particularly from older voters, the decision could have significant repercussions in the next general election, especially in battleground areas like Wales. The plight of WASPI women remains a stark reminder of the challenges facing today’s pension system.

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