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

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.

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
Police operation in St Florence after girl goes missing

A LARGE police response was launched in St Florence on Sunday morning (Apr 6) following reports of a missing child.
Emergency services, including multiple police vehicles and a helicopter, were seen speeding to the quiet Pembrokeshire village shortly after 10:00am with sirens sounding.
The Herald understands that the missing person was a six-year-old girl, and that officers began immediate door-to-door inquiries in an effort to locate her.
One local resident said: “Police knocked on my door at around 10:30am saying a six-year-old was missing and they were concerned. They were asking for any information and knocking on all the properties.”
Another witness added: “I saw a police helicopter just after ten-o-clock in the morning. There was so much police activity— so many police cars.”
Fortunately, the girl was found safe and well a short time later.
Tenby, Saundersfoot and Narberth Police posted an update on social media, saying: “There has been a large police presence in St Florence this morning following a report of a missing person.
“We can confirm that the person has been located safe and well.
“Thank you to the local community for their support and patience.”
Health
New patient deal aims to cut NHS waiting times across Wales

A NEW deal between the NHS and the public is at the centre of a plan to drive down the longest waiting times for healthcare in Wales.
Health Secretary Jeremy Miles is expected to unveil a strategy this week aimed at reducing the overall waiting list by 200,000 patients by March 2026. The plan also sets targets to eliminate two-year waits for planned treatments and restore a maximum eight-week wait for diagnostic tests.
A key part of the announcement is the introduction of a new “patient deal”, which aims to improve transparency, reduce missed appointments and ensure better preparation for surgery. This deal will be incorporated into updated referral-to-treatment guidelines due later this month.
What the new deal includes:
- Faster access to planned care with patients told how long they can expect to wait once added to the list.
- Waiting time tracking through the NHS Wales App, with updates available from June.
- Only fit and well patients will be added to surgical waiting lists, in line with evidence showing they recover more quickly and have better outcomes.
- Support to get surgery-ready, with help to improve health before treatment.
- Appointment changes, where patients will be offered two dates. If they miss both without good reason, they will be removed from the waiting list.
- Alternatives and risks explained, so patients are fully informed before deciding on surgery.
Each year, around 700,000 outpatient appointments in Wales are either missed by patients or cancelled. Health boards will now be under stricter obligations to reduce these disruptions, and to minimise the number of cancellations made by the NHS itself.
Mr Miles said: “The NHS will do all it can to prioritise faster access to treatment. In return, we are asking the public to prioritise and keep their appointments so that, together, we make the best possible use of scarce NHS resources.
“We cannot continue losing one in seven appointments due to no-shows or other avoidable reasons. These missed slots delay care for everyone and waste vital resources.
“Evidence shows people in better health recover more quickly and require shorter hospital stays. By preparing patients properly and ensuring they understand all treatment options, we can deliver better outcomes and greater efficiency.”
The Welsh Government hopes the new plan will bring waiting lists closer to pre-pandemic levels. As well as reducing overall waiting list size by 200,000 by March 2026, the government has pledged to ensure no one waits more than two years for planned treatment and to restore the eight-week target for diagnostic testing.
Health boards will be expected to continue transforming how they deliver planned care over the next 12 months. This includes adopting more regional working models and implementing recommendations from the Ministerial Advisory Group on NHS Performance and Productivity, due to report later this month.
News
Welsh pensioners to receive state pension increase amidst mixed reactions

STARTING this month, over 600,000 pensioners across Wales will see their State Pensions rise by up to £470 annually, following the UK Government’s adherence to the ‘triple lock’ policy. This policy ensures that pensions increase each year by the highest of average earnings growth, inflation, or a minimum of 2.5%.
Government’s Position
The UK Government has emphasized its commitment to supporting pensioners through the triple lock. In a recent statement, it was noted that this commitment would result in the State Pension increasing by up to £1,900 over the course of the current Parliament.
Opposition and Think Tank Critiques
However, the policy has faced criticism from various quarters. The Liberal Democrats have raised concerns about the real impact of the pension increase, pointing out that due to the freezing of income tax thresholds, a significant portion of the pension rise could be offset by increased tax liabilities. They estimate that a typical basic rate tax-paying pensioner might see 77% of the pension increase negated by these tax measures.
Additionally, the Institute for Fiscal Studies (IFS) has questioned the sustainability of the triple lock mechanism. They argue that while the policy aims to protect pensioners’ incomes, it may not be the most efficient approach and could lead to unpredictable fiscal burdens.
Pensions Minister’s Stance
Torsten Bell, the newly appointed Pensions Minister, has previously described the triple lock as “rubbish” and advocated for its replacement with a system that aligns state pension increases with benefits for jobseekers and the long-term sick. Despite his past remarks, recent reports indicate that he is now “fully committed” to maintaining the triple lock.
Economic Implications
Financial experts have also highlighted potential unintended consequences of the pension increase. The freezing of personal tax allowances means that some pensioners may find themselves pushed into higher tax brackets, thereby reducing the net benefit of the pension rise. This situation underscores the complex interplay between pension policies and tax regulations.
In summary, while the increase in State Pensions is a welcome development for many Welsh pensioners, it has sparked a broader debate about the effectiveness and sustainability of the triple lock policy, as well as its interaction with the broader tax system.
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