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Is the Council’s Head of Legal Services seeking a large pay-off?

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AN EXTRAORDINARY meeting of Pembrokeshire County Council will take place on Monday, November 8. The only agenda item is described as “Settlement Agreement”. The question is: whose?

WHO WANTS TO SETTLE?

East Williamston councillor Jacob Williams revealed the agenda item doesn’t relate to former CEO Ian Westley.
Only senior officers’ payoffs come before the Full Council for discussion.
Bearing in mind the recent formation of a disciplinary panel to deal with senior staff and the expected explosion of activity when the Audit Wales report into Mr Westley’s departure lands, it isn’t unreasonable to state that the proposed settlement agreement must deal with a person who might be subject to the new disciplinary procedure.
That disciplinary procedure encompasses senior statutory officers (posts the Council must have by law).
The statutory officers are the Chief Executive, the Monitoring Officer, the Head of Legal Services, the Chief Financial Officer (usually called the “s151 officer”).
We can discount the Chief Executive (Will Bramble, who has only just taken up his post) and the Monitoring Officer (Claire Jones fell on her sword as soon as she saw the extract of the draft Audit Wales report dealing with her role in Mr Westley’s departure).

A PROCESS OF ELIMINATION

That leaves two officers.
Jon Haswell, the Council’s Finance Director, and Claire Incledon, the Head of Legal Services.
Ms Incledon has been on long-term sick leave since the extract of the draft Audit Wales report landed on her doormat.
Mr Haswell has, however, been ever-present in Council decision making.
It does not take much of a Poirot to work out which of the two officers is more likely to seek a settlement agreement at this time.
Making the educated guess that Ms Incledon is prepared to seek terms and has signalled which terms she wants leaves the Council with interlocking problems impossible to resolve without a cost to the Council taxpayer.
Whichever route the Council chooses, regardless of the senior officer’s identity, presents difficulties.

A LAWYER’S VIEW

We asked a vastly experienced in-house lawyer with particular expertise in public sector employment for their view.
They took it as read that no councillor would discuss the matter in public and described those who would do so in sulphurous terms.
They told us it was a question of how the Council looked at risk and minimising its financial exposure.
In the worst-case scenario, the Council decides not to settle with the officer on any terms and proceeds to a disciplinary procedure involving an independent external investigator (almost certainly a senior lawyer).
The officer subject to the process remains on the Council payroll while the disciplinary procedure takes place. In addition, the Council will have to bear the costs of the procedure both in terms of professional fees incurred to advise the disciplinary panel and the investigating officer.
That sum alone could easily exceed £50,000, and our lawyer said he would not be surprised at a far higher bill.
Suppose the investigating officer finds misconduct short of that justifying dismissal. In that case, the Council is back to square one with an employee that wants away. In short, the Council still faces making a payoff.
It gets worse.
Suppose an investigating officer reaches conclusions that suggest dismissal is the only appropriate remedy. In that case, it is still open to the employee to challenge their conclusions and take their chances at an employment tribunal.
In that instance, there would be massive additional costs and additional litigation risk.
We are at least six months away from that point.
And, as of today, we do not even have the Audit Wales report upon which so much will hinge.

Ms Incledon has been on long-term sick leave since the extract of the draft Audit Wales report landed on her doormat.

THE AUDIT WALES REPORT

We can only guess at the content of the Audit Wales report regarding individual officers’ conduct during the negotiations surrounding Mr Westley’s departure.
Forget the why; the question before Audit Wales relates only to the process behind the payoff and not its motivations or causes.
We already know several things.
The payment made to Mr Westley was unlawful.
We also know the Leader must have taken legal advice on the content and procedure concerning the former CEO’s departure terms.
We know that advice came from the Council’s officers, particularly the Monitoring Officer and Head of Legal.
We can conclude if the agreement was entered into unlawfully, the advice given about it was in some way defective.
Even Jamie Adams and the Senior Officers’ Fan Club in the IPG must know it beggars belief that either David Simpson or Jonathan Haswell would have signed off on an agreement knowing it was unlawful.
There is also one tactical consideration.
Once the Audit Wales report comes out, whenever that will be, the officer’s hand is likely to be significantly weakened by any criticisms of them contained within it. Once they have the report, its content could considerably harden councillors’ hearts.

POLITICAL CONSIDERATIONS

It is likely, if not certain, the absence of the Audit Wales report will persuade a majority of councillors to hold fire on any negotiations.
It will suit some councillors (especially Jamie Adams) to spin out events as long as possible, leaving matters probably unresolved until after May’s election. At which point, someone as cynical as Cllr Adams knows were he returned as Leader, he’d probably sign a settlement agreement as soon as possible.
Equally, more bullish councillors might want to resist any settlement on the principle that a disciplinary procedure should run its course, regardless of the risks and costs attached.
Yet others might want to keep rocking the boat for their political ends and to keep their name before the public ahead of the next May’s Council elections.
What is certain is that nobody wants to pay off another officer.
It’s equally certain not every officer is prepared to hand in their notice when they’re found to have made an expensive mistake.

This article was originally published in The Pembrokeshire Herald print edition on Friday, November 5, 2021

Community

Officials announced for 2026 Eisteddfod in Pembrokeshire

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THE NATIONAL EISTEDDFOD returns to Pembrokeshire in 2026, and organisers have named the officials who will steer this major cultural event over the next year and a half.

With the artistic and local committees already established, meetings to finalise competitions and adjudicators are underway to ensure the List of Competitions is ready by spring. Committee members have also been voting over the past weeks to elect key officials for the Executive Committee.

John Davies, former leader of Pembrokeshire County Council, has been appointed Chair of the Executive Committee. Known for his deep connection to Pembrokeshire and extensive experience with national organisations, Davies aims to make the Eisteddfod a true community event, welcoming involvement from all corners of the region.

Tegryn Jones, Chief Executive of Pembrokeshire Coast National Park, takes on the role of Deputy Chair (Strategy). With a strong passion for Welsh culture and language, Jones brings a wealth of experience working with local communities, visitors, and volunteers across three counties.

Deputy Chair (Culture) is Carys Ifan, Director of Canolfan Egin and a seasoned cultural organiser. Based in Llangrannog and originally from Llandudoch, Ifan has led numerous artistic and community projects across the region.

Cris Tomos, a community development veteran with over 30 years of experience, will lead the 2026 Eisteddfod Local Fund. Working with PLANED, a community development charity, Tomos has supported countless community enterprises and co-operatives in Pembrokeshire, Ceredigion, and Carmarthenshire.

Non Davies, recently elected as Executive Committee Secretary, brings extensive cultural management expertise as Ceredigion County Council’s Corporate Manager for Culture. Having chaired the Cardigan Local Fund Committee for the 2022 Ceredigion Eisteddfod, Davies is well-versed in managing cultural projects.

National Eisteddfod Chief Executive, Betsan Moses, said: “We’re looking forward to working with John and the team over the next few months as we prepare for the 2026 Eisteddfod.

“There’s almost a quarter of a century since the Eisteddfod was last held in Pembrokeshire, and we’re very much looking forward to returning to the area. 2026 is an important year for us as we celebrate 850 years since the first Eisteddfod was held in Cardigan Castle in 1176.

“We’re looking forward to working in a new way within a catchment area which includes parts of another two counties, which is, of course, a chance to work with local people in Ceredigion and Carmarthenshire again.”

Further announcements are expected in the coming weeks, including the sale of competition prizes and opportunities to donate the Crown and the Chair.

The National Eisteddfod will be held in Llantood from August 1–8, 2026.

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News

Campaigners urge Welsh Government to adopt proportional representation for Local Elections

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CAMPAIGNERS are calling on the Welsh Government to introduce the Single Transferable Vote (STV) system for local elections, following moves by two councils to shift away from the First Past the Post (FPTP) system being blocked on technical grounds.

Yesterday (Nov 14), Ceredigion Council voted narrowly, with an 18 to 17 majority, in favor of adopting STV. This follows Gwynedd Council’s decision last month, where 65% of councillors backed the move. However, both councils have been prevented from implementing STV due to a requirement for a two-thirds majority under the Local Government and Elections (Wales) Act 2021.

In recent consultations, public support for STV has been overwhelming, with over 70% in Gwynedd and 67% in Ceredigion favoring the change. Only Powys Council rejected the proposal, despite 60.5% of its respondents supporting STV. Campaigners argue that the current system deprives voters of representation, citing that over 100,000 people were denied a vote in the 2022 elections due to uncontested seats.

The Electoral Reform Society Cymru (ERS Cymru) highlights the contrast with Scotland, where the introduction of STV for local elections in 2007 has significantly reduced uncontested seats. According to ERS Cymru, Scotland has had fewer uncontested seats in the last four elections combined than Gwynedd Council recorded alone in 2022.

Jess Blair, Director of ERS Cymru, said:

“Decisions made in council chambers affect everyone in those areas, so every vote should count. It’s absurd that councils choosing STV are blocked by a technicality, leaving them stuck with an outdated system that denies representation to thousands. The Welsh Government must act to avoid repeating the undemocratic outcomes of the last elections.”

Campaigners are now calling on the Welsh Government to introduce STV across all councils in Wales, ensuring representation that reflects the electorate’s wishes.

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Business

Upgrades completed at Port of Milford Haven’s simulator suite

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UPGRADES have been completed to state-of-the-art equipment within the Port of Milford Haven’s navigation simulator suite at Milford Waterfront enabling marine professionals to receive bespoke specialist training. The virtual reality simulation system can safely replicate a range of scenarios that seafarers may experience in real world situations such as extreme weather conditions, emergency situations and escort tug work.


The upgrades provided by Netherlands-based company MARIN contain the latest hardware in terms of processing power and graphics, as well as upgrades to MARIN’s ‘Dolphin’ software, increasing the capability to create scenarios. These are complemented with new 4k visuals on 75” screens which increase the depth and field of vision, adding to the realism.

Recently, a training day was led by Training Pilot Captain Mark Johnson, assisted by ex-Pilot Andy Hillier, involving members of the Svitzer team as well as Pilots Matt Roberts and Ian Coombes. As part of the scenario, they were faced with a loss of engine power and steering along with worsening weather and sea conditions. The Pilots had to communicate with Svitzer in order to successfully instruct them on how to tow and direct a drifting tanker. While scenarios like these are uncommon within port operations, it is important to rehearse procedures that would be implemented if they are required and enhances participants’ skill sets.

Marine Pilot and Simulator Instructor, Captain Ewan McNicoll, said “This simulator suite has future proofed our training capabilities, both internally for Pilots and marine staff, but also externally for clients wishing to use the facility, be it for training purposes or research and development. We can create any type of scenario with any type of ship, ranging from practicing ship handling manoeuvres to emergency situations, it really is game changing! Working with our partners at MARIN has been a complete success and I am very proud of our new facility.”

For more information about training at the navigation simulation suite please contact the Port of Milford Haven at [email protected] or 01646 696100.

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