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No breach of Westley agreement found

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• Solicitors’ advice rejects Jamie Adams’ allegations
• Officers need to learn to live with criticism
• Advice received before key Committee meeting

LEGAL advice commissioned by the Council states no breach of confidentiality took place regarding the settlement agreement between the local authority and former CEO Ian Westley.

The settlement agreement covers derogatory statements by an employer about employee and by an employee about an employer.

A copy of the advice arrived at The Herald’s offices by Royal Mail on Wednesday, February 2. The envelope containing it had no other enclosure, and the envelope was not written by a person with whose handwriting he is familiar.

The Council asked Eversheds to advise it after Cllr Adams alleged a breach of the agreement took place. Jamie Adams claimed the breach occurred during discussions at a Senior Staff Committee meeting on October 2 last year.

In his formal request, Cllr Adams asked that Eversheds ‘specifically give opinion(s) individually on Cllr Michael Williams and Cllr Paul Miller’s comments relating to the Chief Executive’ at the Committee meeting.

Mike Williams suggested that the conclusion of a corporate restructure was overdue and raised a query about the cost of employing external consultants to advise the Council.

The advice reveals that at least two solicitors from Eversheds separately viewed the Committee meeting’s recording before discussing their conclusions about its content.

In Cllr Williams’s case, the advice states that the advice’s authors do not consider his words are derogatory and do not violate the settlement agreement.

The advice goes further and states that: ‘Given the nature of the relationship between the Council and its officers, with the latter being required to implement decisions taken by the Council, some criticism of officers is to be expected from time to time, just as is the case in any other working environment, however unfair that criticism might be perceived by those officers’.

The advice then addresses Cllr Miller’s comments.

Councillor Miller made what the advice describes as ‘obvious criticism of the outgoing Chief Executive’. The advice states ‘the criticism may have been unfair but would not amount to a derogatory statement’.

The advice adds that: ‘Councillor Miller clearly has concerns regarding performance management at the Council, generally, and is expressing (disappointment) that a corporate restructure has (in his view) nor been undertaken’.

The solicitors then turn their attention to whether the Council Leader, Cllr David Simpson, should have corrected the comments made by both Cllr Williams and Cllr Miller at the time they made them.

The advice points out the difficulty of interjecting in an online meeting and continues that there was ‘no reason for the Leader to intervene’. It continues to provide a broader context for Cllr Miller’s remarks, including technical problems during the webcast and Head of HR Ceri Davies’ contribution, to whom Cllr Miller addressed his remarks.

As far as Cllr Simpson’s involvement goes, the advice states it does not believe there was much Cllr Simpson could have done at that point without ‘blowing the matter out of proportion’.
The advice adds that Cllr Simpson responded to a direct question on the issue put by Cllr Jacob Williams, six days after the meeting. David Simpson confirmed a corporate restructure took place on Mr Westley’s watch.

The advice was circulated to all councillors this week. It will have been seen before its release by several senior Council officers.

That last point raises a further one.

The copy of the advice we have is clearly dated a week BEFORE the Council’s Corporate Overview and Scrutiny Committee which discussed Cllr Adams’ notice of motion. However, it is apparent from that meeting’s content that the advice was not disclosed to members before that meeting. Had it been disclosed, the meeting’s consideration of Cllr Adams’ notice of motion would certainly have been better informed.

Committee Chair, Cllr Brian Hall, will not be amused by not having the fullest possible and most up-to-date information to hand when considering the notice of motion. It’s hard to credit that any other Committee members, once they realise the advice was with Council officers before their considerations, will be delighted at the failure to give them the full picture.
Two questions arise, therefore:

Firstly, which officer or officers had the advice in their possession before the Overview and Scrutiny meeting took place; and,

Secondly, and crucially, why they sat on it for a protracted period until it was sent to all councillors this week.

Whoever sat on the report will almost certainly be asked to account for their inaction.

We asked Jamie Adams whether the advice given by Eversheds addressed his concerns about any alleged breach of the settlement agreement with Mr Westley.

News

Labour promises ‘most significant investment in Britain’s ports in a generation’

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LABOUR has said this week that it will “Build it in Britain” with the most significant investment in Britain’s ports in a generation, as part of Green Prosperity Plan to support the creation of 650,000 good jobs across the country.

A Labour Government will “Build it in Britain” Keir Starmer said on Thursday, as he visited the North East of England to highlight Labour’s plans to deliver the most significant upgrade of Britain’s ports in a generation. 

Visiting a port in the North East, Labour Leader Keir Starmer, Shadow Chancellor Rachel Reeves, and Shadow Energy Secretary Ed Miliband will set out how Labour’s £1.8 billion investment in Britain’s port infrastructure will help crowd billions more of private sector investment into the UK’s energy industry.

Labour’s announcement comes after Jo Stevens, Shadow Secretary of State for Wales, visited the Port of Milford Haven in Pembrokeshire last month alongside with Henry Tufnell, Labour’s parliamentary candidate for Mid and South Pembrokeshire, to learn more about the port’s operations and challenges.

After the visit, Shadow Welsh Secretary Jo Stevens said: “Upgrading our ports, like this one here in Milford Haven, can help us seize the golden opportunity we have to become a world leader renewable energy, delivering cheaper bills and the jobs of the future.
 
“But the Conservative government is holding Wales back, with narrow-minded, poorly run investment schemes that leave us lagging behind international competitors.
 
“A UK Labour government will switch on GB Energy to invest in projects that can secure our lead in floating offshore wind, unlocking the jobs and investment that the Tories have left to languish.”

Henry Tufnell, Labour’s candidate in this year’s General Election, added: “Pembrokeshire’s first Labour MP, Desmond Donnelly, was instrumental in the creation of the Port of Milford Haven, transforming Pembrokeshire’s economic fortunes. Today, as in the 1950s, we face a crossroads. We must put our county at the forefront of a new Labour Government’s industrial strategy to build it in Britain.

Labour’s Green Prosperity Plan will secure our energy supply, develop industry, and create good well paid jobs right here in our county. We don’t want the young people of Pembrokeshire to feel they must leave their home county to get on in life. We want to provide opportunity here, and we want to provide it now.”

Labour’s plan for ports will help reverse fourteen years of industrial decline under the Conservatives and support domestic manufacturing across the country. The pledge is funded through Labour’s Green Prosperity Plan, which includes a proper windfall tax on the oil and gas giants making record profits, to fund investment in British industries.Keir Starmer’s announcement comes as Labour confirms that its Green Prosperity Plan will help support the creation of up to 650,000 good jobs in Britain’s industrial heartlands, including here in Pembrokeshire, by crowding billions of private investment into industries such as Britain’s nuclear, steel, automotive, and construction industries. 

The last Labour government led the way on upgrading Britain’s ports, providing funding for the development of port sites to support offshore wind turbine manufacturing. This industrial advantage has been squandered after fourteen years of the Conservatives, with recent research showing the UK could have created almost 100,000 more jobs in the wind industry if it had followed Denmark’s example in recent years and built up domestic supply chains in clean energy.

Speaking ahead of the visit, Labour Leader Keir Starmer outlined the choice facing millions of voters: continued industrial decline after 14 years of Conservative rule, or national economic renewal with Labour, saying:“The legacy of fourteen years of Conservative rule is Britain’s industrial strength reduced to the rubble and rust of closed-down factories. They have let good jobs go overseas and done nothing about it, and every community has paid the price. 

“A Labour government will reindustrialise Britain – from the biggest investment in our ports in a generation, to a British Jobs Bonus to crowd billions of investment into our industrial heartlands and coastal communities.“

The wealth of Britain was once built on a bedrock of industrial jobs that offered security and a good wage. By investing in Britain’s homegrown energy sector, we can rebuild this dream for the twenty-first century- good jobs, higher wages, and the pride that comes from good work for all.”Through policies such as Great British Energy, the National Wealth Fund, and the mission for Clean Power by 2030, a Labour government will invest in technologies like floating offshore wind, hydrogen, nuclear, and carbon capture and storage, which will help secure Britain’s energy independence.

This will create a new generation of skilled jobs in growing industries, which will offer people good wages, give confidence in their job security, and provide them with opportunities to progress. This policy is part of Labour’s Green Prosperity Plan, to cut energy bills for families, make Britain energy independent, and rebuild the strength of British industry.

This historic investment in working people and their communities is the only way out of the high energy bills, energy insecurity, and the doom loop of low growth, high taxes and crumbling public services under Rishi Sunak’s Conservatives.Commenting on Labour’s landmark plan to invest in Britain’s port infrastructure, Shadow Energy Secretary Ed Miliband MP said: “Making Britain a clean energy superpower requires flourishing national ports. Whilst the Conservatives are letting other countries plunder jobs that could be ours here in Britain, Labour has a plan to help win the race for the industries of the future.“

This is what Labour’s Green Prosperity Plan will do for every community in Britain – slash energy bills, create good jobs, boost our national energy independence, and help to tackle the climate crisis.”

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Scheme to upgrade Dinas Cross holiday park withdrawn

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PLANS to create a ‘five-star resort’ in one of Wales’s most popular holiday locations have been withdrawn.

In an application submitted to Pembrokeshire Coast National Park, Chester-based Boutique Resorts Ltd sought permission to relinquish 50 mixed touring pitches (caravans and tents) at Fishguard Bay Resort, Dinas Cross, replacing them with “36 high quality timber-effect holiday lodges”.

The application, recommended for refusal at the April 24 meeting of the national park’s development management committee, also included an increase in the site area of the approved park, a new entrance, a new reception lodge, staff and visitor parking area, with extensive environmental improvements.

The site, established in the 1950s, currently has planning permission for 50 static caravans and 50 mixed touring units, and it is intended 23 of the proposed lodges to be sited at the entrance, with a further 13 throughout the site.

Despite the proposals seeking a reduction in outright numbers, the applicants say the scheme would see an increase in the number of full and part-time jobs associated with the resort, from 29 to 62 jobs.

A previous application was refused in 2019, mainly on visual impact, ecological impact and highway impact, and the applicant has sought to address the issues raised by that refusal, a supporting statement says.

It adds: “The applicant purchased the site in 2014 with the intention to upgrade the site into a five-star luxury resort. This is very much still the applicant’s intention and whilst he has replaced some existing static caravans with luxury lodges, he also seeks to replace the touring caravans and tents with luxury lodges too.

“The resort is now considered one of the most desirable holiday parks on the Pembrokeshire Coast which is evident on the number of holidaymakers who return to the resort year on year. Such is demand for luxury lodges on the site, the applicant requires additional units.

“The applicant now wishes to move the resort further by replacing the mixed touring pitches with luxury lodges but also provide a much-needed new entrance into the resort.”

Objections to the scheme were received from the National Trust, the national park’s strategic policy and ecologist, and the South Wales Trunk Road Agency, and 12 members of the public, along with one letter of support.

The application was recommended for refusal for reasons including it was “likely to have a significant detrimental impact on the special qualities of the National Park by intensifying the visual impact and intrusion of a large static caravan site within the extensive coastal views of this section of the National Park,” it would represent an intensification of the site, and was likely to “have an unacceptable impact on neighbouring residential amenity through increased noise and traffic movements”.

The application, listed for consideration by park planners next week, has since been withdrawn.

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First step towards council tax and business rate reform

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MAJOR reforms to council tax and business rates have cleared the first hurdle in the Senedd.

MSs backed the general principles of the local government finance bill, which would introduce a five-year cycle for council tax revaluations from 2030.

The bill would lay much of the groundwork for Welsh Government proposals to redesign council tax, with current bands based on property values from 2003.

It would also increase the frequency of business rates revaluations from five to three years.

Rebecca Evans told the Senedd the bill forms a vital part of the Welsh Government’s wider programme of local tax reform.

Wales’ finance minister explained the bill would enable ministers to modify business rate relief exemptions and the multiplier to support policy priorities.

John Griffiths outlined the local government committee’s stage-one report recommendations aimed at improving the bill and guarding against unintended consequences for taxpayers.

Mr Griffiths explained that the bill provides a framework for future policy changes to be made by the Welsh Government via secondary legislation.

The Labour MS, who represents Newport East, said the committee heard concerns that this limits opportunity for public engagement and scrutiny by the Senedd.

Welcoming the Welsh Government’s commitment to retaining the single-person council tax discount at 25%, he highlighted wide-ranging powers in the bill over vital reduction schemes.

In terms of business rates, the committee chair said MSs heard broad support for a move to three-yearly revaluations, which he described as a reasonable, proportionate cycle.

Peredur Owen Griffiths, who chairs the finance committee, backed the bill’s key aim to create a fairer, more flexible system.

The South Wales East MS welcomed reassurances from the Welsh Government that the intention of council tax reforms is not to raise more revenue.

“Given the regressive nature of council tax, we support the aim to make it fairer without affecting the tax base,” he said.

Plaid Cymru’s finance secretary said the proposed powers will reduce the Welsh Government’s reliance on UK bills to make changes.

Alun Davies, a Labour backbencher, warned that delegated powers in the bill risk diminishing the role of the Senedd.

Sam Rowlands, the Tories’ shadow local government secretary, raised concerns about the bill putting more power in the hands of the Welsh Government rather than councils.

He warned the bill is a stepping stone towards higher taxes through the back door, saying: “This bill in and of itself does not necessarily do that but it certainly enables future changes.”

The former leader of Conwy council, who represents North Wales in the Senedd, called for reforms to the formula used to allocate funding to Wales’ 22 councils.

Raising concerns about digital exclusion, Mr Rowlands opposed a provision in the bill which would remove a duty to publish council tax notices in local newspapers.

He said: “We believe it’s a really important part of the democratic process in local government, especially in relation to transparency.”

Backing a revaluation of all 1.5 million properties in Wales, Labour MS Mike Hedges described council tax as fundamentally unfair.

He said: “Someone living in a property worth £100,000 pays around five times as much council tax relative to the property value as someone living in a property worth £1m.”

Mr Hedges, who represents Swansea East, also opposed the removal of the duty to provide council tax information in newspapers.

On business rates, he said: “I’ve always supported the returning of them to local authorities. We don’t need an all-Wales system; let each local authority set its own business rates.”

Ms Evans told the chamber she intends to make a statement on the next steps for council tax reform before the summer recess.

The Senedd agreed the general principles of the reforms without objection, and the bill now moves to stage two which will see MSs consider detailed amendments.

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