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Fight for hospital services: Judicial review lost

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withybushdowngrade

CAMPAIGNERS fighting to retain services at Withybush Hospital have been dealt a huge blow. The judicial review has been lost.

Mr. Justice Hickinbottom has today, at The Cardiff High Court, handed down his judgement in respect of the judicial review by Anthony John Flatley and Hywel Dda University Health Board (The SWAT Judicial Review)

The 47 page document set out the reasons why the Judicial review brought by campaigners fighting to retain services had failed.

 

 

 

hickinbottom

Justice Hickinbottom

Justice Hinkinbottom wrote: “I do not find any of the Claimants’ applications made good. For the avoidance of doubt, whilst I appreciate that the Claimants’ underlying concern and complaint is about the substance of the relevant decisions (a question with which I am not concerned), given that the question of whether a procedure adopted is fair is ultimately a question for the court I should say that, on the basis of the submissions and evidence before me, I am wholly unconvinced that any aspect of the procedure adopted by the LHB or the Minister was unfair, or unlawful.

The conclusion of the report continued: “For the reasons I have given, these claims fail. Formally, I make the following order: Permission to proceed is refused. The substantive application for judicial review is dismissed. The application to set aside the refusal of permission to proceed with the public sector equality duty ground is refused.”

The Justice added: “I dismiss the application for judicial review, and in respect of all other grounds, I refuse permission to proceed.”

Lead campaigner Dr Chris Overton, chairman of SWAT, said: “We must remember that this is not an endorsement of the Health Board and Health Ministers plans for service change. It was simply a legal argument on whether the Health Board followed the rules and on the powers of the Health Minister.”

Campaigner Lyn Neville told The Herald: “This is a blow but it is certainly not the end. We must all keep fighting, this is not over because of the Judgement today. The Judge said the procedures followed by the Health Board and Minister were not unfair or unlawful, it does not mean they weren’t wrong. Pembrokeshire people will still suffer, lives will be lost, we must now fight on Equality and Human Rights grounds. This is not over!”

Read the whole Judgement here:  Judicial review judgement

3 Comments

3 Comments

  1. Peter Warrender

    July 10, 2014 at 11:01 am

    Justice Hinkinbottom wrote: “I do not find any of the Claimants’ applications made good. For the avoidance of doubt, whilst I appreciate that the Claimants’ underlying concern and complaint is about the substance of the relevant decisions (a question with which I am not concerned), given that the question of whether a procedure adopted is fair is ultimately a question for the court I should say that, on the basis of the submissions and evidence before me, I am wholly unconvinced that any aspect of the procedure adopted by the LHB or the Minister was unfair, or unlawful.

    The conclusion of the report continued: “For the reasons I have given, these claims fail. Formally, I make the following order: Permission to proceed is refused. The substantive application for judicial review is dismissed. The application to set aside the refusal of permission to proceed with the public sector equality duty ground is refused.”

    The Justice added: “I dismiss the application for judicial review, and in respect of all other grounds, I refuse permission to proceed.”

    Is he on drugs?

  2. Naomi Wadw-Jones.

    July 10, 2014 at 11:29 am

    STUNNED, at this minute I cannot say anymore.

  3. vicky moller

    July 11, 2014 at 12:01 am

    we must fight on, as the editorial says.
    Ideas?

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News

The Liberal Democrats call for Crown Estate to be devolved to Wales

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THE LIBERAL DEMOCRATS have renewed calls for the Crown Estate to be devolved to Wales during a debate on the Crown Estate Bill in the House of Commons today.

Welsh Liberal Democrat MP David Chadwick urged that Wales be treated equally to Scotland, where the Crown Estate has already been devolved, arguing that Wales deserves the same economic benefits.

This follows a previous attempt by the Liberal Democrats to amend the Bill in the House of Lords before Christmas, which was voted down by Labour.

It is estimated that the Crown Estate will generate at least £1 billion in profit from offshore wind energy lease agreements in Welsh waters over the coming years.

David Chadwick MP said: “It is unacceptable that Wales continues to be treated as a lesser nation to Scotland when it comes to the devolution of powers.

“Labour promised change after the General Election, yet they seem intent on maintaining the status quo and depriving Wales of key tools to boost our economic success.

“If the income raised from renewables owned by the Crown Estate stayed in Wales, it would be of huge benefit to our local communities.

“The Liberal Democrats will continue to push Labour to change their mind on this issue as the Bill progresses through Parliament.”

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Community

‘Collaborative effort’ to tackle fly-grazing but horses still on the loose

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TRAFFIC was disrupted yesterday (Jan 7) after multiple loose horses were spotted on Lower Lamphey Road, Pembroke. Motorists and pedestrians were urged to approach the area with caution as the horses roamed freely on the road and nearby residential areas, causing delays and raising safety concerns.

Pembrokeshire County Council recently announced that it has teamed up with Dyfed-Powys Police to tackle the growing problem of horses being left on public land and highways, known as fly-grazing.

The move comes after a significant rise in incidents across the county, causing safety concerns and public disruption.

Over the Christmas period, both agencies will work collaboratively in an operational effort to address the issue.

This joint approach responds to ongoing community concerns and forms part of a wider initiative to enable partner agencies to deal more effectively with fly-grazing.

The situation comes just days after authorities announced their initiative to tackle the issue through a coordinated approach, highlighting the urgency and importance of addressing fly-grazing concerns.

Members of the public are encouraged to report any concerns about fly-grazing by contacting [email protected] or calling 01437 764551.

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Business

Land purchase opens door to new West Wales homes

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A MAJOR developer has purchased land in Saundersfoot, clearing the way for it to bring new homes to the town.

Persimmon Homes West Wales secured planning permission to build 72 new, high-quality homes at Sandy Hill in the popular Pembrokeshire town back in July.

This agreement means all the pieces are in place for the builder to start works on site, with a view to having their first properties on the market this summer.

The scheme includes a mix of quality new one to four-bed detached and semi-detached homes as well as terraced houses and apartments that will help meet local housing needs and open the door to home ownership for more local families. The properties will be finished in render and stone.

Boasting a number of proposed community benefits, the development will bring a range of facilities to the local community, including an equipped play area at the heart of the site, contributions to highway and active travel upgrades, and a dedicated active travel link that connects the site back to Sandy Hill Road.

The design also incorporates a sustainable drainage system with bio-retention areas and rain gardens, green technologies such as solar panels and electric vehicle charging points, as well as ecological enhancements to mitigate impacts on dormouse habitats and preserve existing trees and hedgerows.

As part of the housebuilder’s community contribution, Persimmon will also transfer 35% of the homes (25 in total) to a local housing provider for rent and shared ownership to help alleviate pressure on Pembrokeshire’s housing list.

The five-star developer donates £48,000 across Wales each year to good causes and much-valued organisations as part of its Community Champions initiative. Recent local recipients include Saundersfoot Cricket Club, Saundersfoot Rotary Club’s Tenderfoot programme, and the 2025 Saundersfoot New Year’s Swim.

Welcoming the agreement, Persimmon Homes West Wales’ Managing Director, Stuart Phillips, said:

“We are delighted to have cleared this final hurdle that now means we can commence works at Sandy Hill to deliver much-needed new, high-quality homes to Saundersfoot.

“Persimmon is determined to leave a positive and lasting legacy where we build and we look forward to working with the local community and its leaders as we bring forward these new homes.

“I want to give my thanks to everyone involved in the Persimmon team as well as the local planning authority for all the work they’ve put in to get to this point.”

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