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No-go on senior officer’s payoff as councillors wait for Audit Wales report

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ON MONDAY (November 8), Pembrokeshire County Council voted to defer any movement towards a settlement agreement with its Head of Legal and Democratic Services, Claire Incledon, until after councillors received an Audit Wales report.
Ms Incledon’s identity as the officer seeking a settlement was inadvertently disclosed by simple jigsaw identification during the public part of the meeting. A fact Cllr Brian Hall tartly noted without naming the Head of Legal.The report, into the payment of £95,000 to former CEO Ian Westley, is taking time to arrive at County Hall, even though portions of it dealing with individual officers were circulated to those named in it during the summer.
The payment made to Mr Westley was unlawful. The Audit Wales report will examine the advice given by officers relating to it.

WANTED: £100K+

Ms Incledon wants a payment in excess of £110,000 from the Council to resolve issues around her wish to leave the Council’s employment.
Settlement agreements are usually used to resolve disputes between employers and employees to avoid the risks of litigation.
Their terms are always confidential and governed by employment law.
They are not unusual or peculiar documents and tend, with a few wrinkles here and there, to be used routinely in medium-to-large organisations in both the public and private sector.
Ms Incledon has not begun a formal grievance procedure relating to her Council role, and no disciplinary proceedings against her are underway or even planned.
It is, therefore, unclear why a settlement agreement would be thought necessary at this stage.
One clue as to what might be in the Audit Wales report is now apparent, though. It must contain criticism of Ms Incledon that she rejects either in whole or part.
In a formal statement, a Council spokesperson said: “At an Extraordinary Meeting of Pembrokeshire County Council, Council considered the issue of a Settlement Agreement concerning an employee.
“Members decided more information was required before concluding the matter.”
That bare statement is not the whole story.

OFFICER MEMBER RELATIONSHIPS

On the one hand, Cllr Jamie Adams has seized on a single sentence in an external peer-review.

  • “A set of relationship issues are evident at the Cabinet and Corporate Management Team level that are impacting negatively.”

Cllr Adams is keen on that sentence, freely suggesting that senior officers were somehow victims.
He has not, however, bothered much with the observation following it: 

  • “Tensions between political and professional leaders are common across all organisations from time-to-time and are inevitable given the challenges and pressures faced by public services in the current environment.”

Or this nugget: 

  • “Whenever behaviours and standards are demonstrated as being an issue, responsibility is incumbent upon the Chief Executive, Monitoring Officer, Leader of the Council and political group Leaders to take the necessary action and to support each other fully in doing so.”

Cllr Adams publicly voiced no concerns regarding behaviours and standards before the Corporate Peer Review’s publication.
It’s fair to infer– as the leader of a political group – he had none.
Even in circumstances where he would realistically be expected to be aware of any concerns– whether expressed formally or otherwise – as a former Council Leader, Cllr Adams said nothing to raise awareness of any issues.
And in March this year, any preconceptions about officers’ closeness to the papal levels of infallibility were torpedoed by an external consultant, who worked on the report upon which Jamie Adams has hung his hat.
An LGA expert on Council’s performance told members of the Council’s Services Overview and Scrutiny Committee he had never met more senior officer resistance to an external review of a local authority.
Chris Bowron said officers’ resistance was overcome only through strong personal leadership by individuals committed to the idea such a review must happen.
Pembrokeshire County Council, the Committee heard, was ‘not a normal council.’
The era of top-down management had long passed elsewhere, and it was time for the Council to catch up and then get ahead of the field.
As a corporate body, Pembrokeshire County Council’s old working methods were unsustainable.
Those old working methods would have been familiar to at least one member of the Committee: Cllr Jamie Adams.
The same meeting decided to defer any investigation of the Corporate Peer Review until after the Audit Wales report landed.
That is another matter that appears to have slipped the memory of some councillors in their eagerness to grab an electioneering pound of flesh.

DECISIONS, DECISIONS

While rumours of wars rattle around the County Hall echo chamber, the issues the Council had to decide on Monday were straightforward: whether to discuss a current member of staff’s employment in public or in private.
And after members reached that decision, what to do about the proposed settlement agreement.
It turned out that having had a leading local government QC advise them against discussing matters covered by the bonds of confidentiality that bind employer and employee at their last meeting made no impact on a few councillors.
This time, likewise, the expert advice of a partner in the employment team of leading solicitors Eversheds had little impact.
This was public money, and the public had the right to know, claimed Cllr Reg Owens.
Huw Rowland Jones of Eversheds patiently – and repeatedly – told members that employment law dealt with settlement agreements based on utmost confidentiality.
He added he had never – in an extensive career – come across a local authority breaking the provisions of employment law to discuss one’s proposed terms in public.
Nevertheless, Pembrokeshire County Council has always been exceptional, and the law wasn’t going to put off a handful of councillors from chasing their dragon to the bitter end.
While very few of that handful are doubtlessly motivated by a genuine concern about open governance, Cllr Jonathan Preston – who again introduced a note of reality into proceedings – said some were posing for the electorate.
Cllr Preston expressed exasperation that the Council was even discussing proceeding in public. The legal advice, he said, was clear, and the law was clear. The meeting had to go into a closed session.
Jonathan Preston got support from Cllr David Lloyd. The latter also expressed disbelief that any councillors thought it was responsible to proceed in public.
Presiding Officer Cllr Simon Hancock moved the matter to a vote.
Councillors voted 42-10 with no abstentions to discuss the proposed settlement agreement in private.
The outcome of that debate was as The Herald said it would be on Friday, November 5.
No decision before the Audit Wales report.

News

Too many children in Wales living in poverty – Lib Dems want action

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THIS week in the Senedd, the Welsh Liberal Democrats renewed their demands for the implementation of child poverty targets.

According to a report from the Bevan foundation, 29% of children living in Wales are currently experiencing poverty (an estimated 190,000 children).

The same report highlighted that the largest percentage of children living in poverty are from working households or in couple households.

The Welsh Lib Dems are now renewing calls for the Welsh Government to create a set of targets for reducing child poverty, which the party argues will allow for more accountability.

The party has previously called for the implementation of targets, citing recommendations from the Calling Time on Child Poverty Report published in November last year.

Commenting, the Leader of the Welsh Liberal Democrats Jane Dodds MS said: “The latest statistics on childhood poverty in Wales paints a very distressing image of families across the country struggling to make ends meet.

Over the course of the last six years, the proportion of children in poverty has skyrocketed. Fuelled by worsening economic conditions and a complete lack of action from both governments in Westminster and Cardiff Bay.

We cannot act complacent about these figures nor accept the clear lack of progress in fighting child poverty, behind each statistic is a child that the state has failed.

It remains painfully clear that the Welsh Government is failing to make any meaningful progress in this fight, which is why they must follow through with the implementation of clear set targets that will allow for further accountability.

We as a party have continuously called for the creation of these targets and we will not be silenced. For the sake of future generations we urge the Welsh Government to listen.”

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Crime

Welsh constabulary areas record another increase in shoplifting

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RETAIL trade union Usdaw is deeply concerned by today’s police recorded crime statistics showing that in 2023 there were significant increases in shoplifting across all constabulary areas in Wales. In the whole of England and Wales there has been a persistent upward trend since the pandemic, which continued with a 37% increase and has now risen to the highest level in 20 years.

The Office for National Statistics released figures showing a 39% increase in shoplifting incidents across Wales and by constabulary area as follows:

  • Dyfed-Powys +11%
  • Gwent +47%
  • North Wales +23%
  • South Wales +51% 

Usdaw’s 2023 annual survey of over 5,500 shopworkers found that 60% had suffered incidents of violence, threats and abuse that were triggered by shoplifting and armed robbery.

Paddy Lillis, Usdaw General Secretary says: “Shoplifting is not a victimless crime, theft from shops has long been a major flashpoint for violence and abuse against shopworkers. Having to deal with repeated and persistent shoplifters can cause issues beyond the theft itself like anxiety, fear and in some cases physical harm to retail workers. This 39% increase in shoplifting across Wales is further evidence that we are facing an epidemic of retail crime, which is hugely concerning.

“Our members have reported that they are often faced with hardened career criminals in the stores and we know that retail workers are much more likely to be abused by those who are stealing to sell goods on. Our latest survey results show that 7 in 10 retail workers suffered abuse from customers, with far too many experiencing threats and violence. 60% of respondents said theft from shops and armed robbery were triggers for these incidents.

“The scale of assaults, abuse and threats towards shopworkers and extent of the retail crime epidemic has been a disgrace for many years. This has been made worse by police cuts and a failure to legislate to protect retail staff. Usdaw has long called for action that includes a standalone offence for assaulting a shopworker and that has been vehemently opposed by this Government and their Conservative MPs on many occasions.

“Recently the Government performed a long overdue U-turn after many years of sustained campaigning by Usdaw and others. Our members have had to wait too long for their voices to be heard and common sense to prevail. We will have to see the detail of what Ministers are proposing and we are clear that it must be at least what we won in Scotland three years ago. It also cannot fall short of Labour’s commitments to 13,000 more uniformed officers, patrols on high streets, banning repeat offenders and ending the perverse £200 threshold for prosecuting shoplifters.

“The dither and delay by this Government on this issue over many years, has led to thousands of shopworkers needlessly suffering physical and mental injury. Today’s stats should ensure that their promise to legislate is done speedily. We hope that whatever the Government is proposing will be substantial and effective in giving shopworkers, key workers in every community, the respect that they have long deserved and regrettably too often do not receive.”

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Business

Paramount’s key role in transformation of McArthurGlen Designer Outlet

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FAST-growing Welsh company Paramount is relishing the challenge of creating an “irresistible dining destination” after winning the contract to play a key role in the multi-million transformation of the McArthurGlen Designer Outlet Bridgend.

The Cardiff-based design, build, fit-out and refurbishment specialist will spearhead the re-development project of the shopping centre after being handed responsibility for revamping its popular food court over the summer.

In the coming months, the development will see the Food Court transformed into three modern, and bright restaurants, welcoming new food and beverage brands to the centre and creating more than 100 new job opportunities for the local community.

Paramount’s Construction Director, Paul Thomas, said: “The team behind the scenes at McArthurGlen Designer Outlet Bridgend have fantastic plans for the future and we’re delighted to have been entrusted with the mission to help turn their exciting vision into a reality.

“Paramount prides itself on creating places where people want to be, and my team are relishing the opportunity to help create what will be an irresistible dining destination. It’s certain to be a complex project, but we have the expertise and local knowledge to deliver outstanding results in close collaboration with our project partners.”

The owners of the shopping centre, which has been attracting local people and visitors for more than 25 years, have promised a “substantial investment to redevelop the Food Court area and replace it with new and exciting restaurants”. 

Now the Paramount team is ready to lay the groundwork by removing some existing structures around the Food Court and will then introduce a series of new features as part of the overall facelift. These include new glazed entrance doors within glazed curtain walling shopfront, render and a new entrance lobby with new stairs and lifts.

The work to completely develop the Food Court in the shopping centre starts this week, and is expected to be completed in late autumn. As a result, customer favourites including Nando’s, McDonald’s and Chopsticks will be closed while work is under way.

Patrick Finney, Head of European Construction, McArthurGlen Group, said: “After celebrating our 25th anniversary last year, we’re extremely pleased to welcome Paramount on board in this important step of revitalising the Food Court area. 

“These are exciting times for everyone at one of South Wales’ best-loved retail complexes and we know Paramount will work closely with us to create a truly special place for diners and shoppers of all ages.”

Paramount, whose turnover reached £45 million in 2023, employs 60 people who own a majority shareholding of the business – 51 per cent – following completion of an Employee Ownership Trust  (EOT) scheme in 2021, a deal which marked a major milestone for Paramount after a period of sustained growth. 

The company is well known across Wales and England where it has created high-quality inspirational space for a number of leading companies. These include the multi-million-pound redevelopment of Hodge House and Fusion Point One in central Cardiff, and the fit out of Par 59 bars in South Wales and South West. 

Over the next few months, Paramount’s construction team will also be completing on a multi-million-pound social housing development in Porthcawl, Mid-Glamorgan with Valleys to Coast.

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