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Politics

Two-year gap for ex-politicians on conduct committee too short, watchdog warns

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THE SENEDD’S standards commissioner has warned a proposed two-year “cooling-off” period for former politicians to sit as “lay” members of a conduct committee is too short.

Douglas Bain gave evidence on Tuesday November 11 on the accountability bill which would create a Senedd “recall” system, allowing voters to remove politicians between elections.

Mr Bain welcomed plans to appoint “lay” members for the first time to the standards committee, which makes sanctions recommendations based on his investigations.

He told Senedd Members: “There must always be a perception that members are entirely marking their own homework and I think the inclusion of independent, suitably qualified members will guard against that, at least to some extent.”

But he expressed concerns about former Senedd Members being eligible to join the committee only two years after standing down or not being returned at an election.

Giving evidence to a newly formed Senedd accountability committee, set up to scrutinise the bill, he said: “I recommended that the period should be four years.

“I think there could well be, after just two years, individuals who had worked closely with the member whose conduct was being considered.

“Even if they were totally unbiased in their approach, I think it sends the wrong signal to the public who might perceive that they had some sort of interest in the matter.”

Mr Bain added: “My own view is a period of four years would remove any reasonable concerns that the person might have inside knowledge of the case under investigation.”

He suggested there would be “no realistic risk” of a conflict of interest after four years and “of course, if there was a conflict it would be up to the member to recuse themselves anyway”.

Meriel Singleton – clerk of the standards committee, which made recommendations to the Welsh Government on accountability, echoed the commissioner’s concerns.

“The committee is of the view that it should be longer than two years,” she said. “But, at the moment, it’s in line with what the standards commissioner’s qualification is.”

Hannah Blythyn, who chairs the committee, added: “If you change one, you change both.”

Labour MS Hannah Blythyn
Labour MS Hannah Blythyn

Under the bill, recall would be subject to a Senedd vote or automatically triggered in the case of a politician receiving a custodial or suspended sentence of 12 months or less. Sentences of more than 12 months already lead to disqualification.

Mr Bain was against other misconduct, such as harassment, automatically triggering recall.

“I think it would send entirely the wrong message,” he told Senedd Members. “Each case has to be looked at on its individual facts and an appropriate penalty or sanction imposed.”

On moving the threshold to six months, as proposed in Scotland, he said sentences for “almost identical offences vary widely from court to court and judge to judge”.

He told the accountability committee: “Whatever period is imposed is going to be arbitrary.”

Asked about appeals dragging on for months, Mr Bain said: “You can’t discount the possibility that the member concerned might attempt and might be successful in spinning out the process. We’ve certainly seen that in relation to the complaints process.”

He added: “Those of you who were here in the fifth Senedd will recall the very unsavoury tactics from a member which avoided any sanction being imposed on him.”

Mr Bain, who is barred from commenting on open cases, warned the rules governing his office are “well past their sell-by date” and out of kilter with Westminster. “What the public expects and are entitled to has moved on,” he said.

The commissioner said he would envisage new “own-initiative” powers being rarely used to launch investigations without first requiring a complaint as in other parliaments.

He said: “In the seven years of working in the Senedd, I can think of only two occasions on which I would have considered using this power had it been available.

“Both of these were alleged misconduct that had been widely reported… and I think it sends the wrong signal to the public when they read of that and no action is taken…

“Much to my surprise not a single person made a complaint about either of the incidents, perhaps assuming someone else was going to do that. The result was that – as far as the public was concerned – the Senedd condoned what had happened.”

Huw Williams, the Senedd’s chief legal adviser, backed the commissioner’s calls to introduce a new offence, saying: “As a result of experience in an earlier case, we think it would be useful to introduce a formal offence of obstructing the commissioner in his work.

“And there is a reported case where there was an attempt to interfere with witnesses.”

Business

Cwm Deri Vineyard Martletwy holiday lets plans deferred

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CALLS to convert a former vineyard restaurant in rural Pembrokeshire which had been recommended for refusal has been given a breathing space by planners.

In an application recommended for refusal at the December meeting of Pembrokeshire County Council’s planning committee, Barry Cadogan sought permission for a farm diversification and expansion of an existing holiday operation through the conversion of the redundant former Cwm Deri vineyard production base and restaurant to three holiday lets at Oaklea, Martletwy.

It was recommended for refusal on the grounds of the open countryside location being contrary to planning policy and there was no evidence submitted that the application would not increase foul flows and that nutrient neutrality in the Pembrokeshire Marine SAC would be achieved within this catchment.

An officer report said that, while the scheme was suggested as a form of farm diversification, no detail had been provided in the form of a business case.

Speaking at the meeting, agent Andrew Vaughan-Harries of Hayston Developments & Planning Ltd, after the committee had enjoyed a seasonal break for mince pies, said of the recommendation for refusal: “I’m a bit grumpy over this one; the client has done everything right, he has talked with the authority and it’s not in retrospect but has had a negative report from your officers.”

He said the former Cwm Deri vineyard had been a very successful business, with a shop and a restaurant catering for ‘100 covers’ before it closed two three years ago when the original owner relocated to Carmarthenshire.

He said Mr Cadogan then bought the site, farming over 36 acres and running a small campsite of 20 spaces, but didn’t wish to run a café or a wine shop; arguing the “beautiful kitchen” and facilities would easily convert to holiday let use.

He said a “common sense approach” showed a septic tank that could cope with a restaurant of “100 covers” could cope with three holiday lets, describing the nitrates issue as “a red herring”.

He suggested a deferral for further information to be provided by the applicant, adding: “This is a big, missed opportunity if we just kick this out today, there’s a building sitting there not creating any jobs.”

On the ‘open countryside’ argument, he said that while many viewed Martletwy as “a little bit in the sticks” there was already permission for the campsite, and the restaurant, and the Bluestone holiday park and the Wild Lakes water park were roughly a mile or so away.

He said converting the former restaurant would “be an asset to bring it over to tourism,” adding: “We don’t all want to stay in Tenby or the Ty Hotel in Milford Haven.”

While Cllr Nick Neuman felt the nutrients issue could be overcome, Cllr Michael Williams warned the application was “clearly outside policy,” recommending it be refused.

A counter-proposal, by Cllr Tony Wilcox, called for a site visit before any decision was made, the application returning to a future committee; members voting seven to three in favour of that.

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Climate

Fishguard ‘battery box’ scheme near school refused

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PLANNERS have refused a Pembrokeshire ‘battery box’ electricity storage unit near a Pembrokeshire town school, which has seen local objections including fears of a potential risk to nearby school children.

In an application recommended for approval at the December meeting of Pembrokeshire County Council’s planning committee, AMP Clean Energy sought permission for a micro energy storage project on land at Fishguard Leisure Centre Car Park, near Ysgol Bro Gwaun.

The application had previously been recommended for approval at the November meeting, but a decision was deferred pending a site visit.

The scheme is one of a number of similar applications by AMP, either registered or approved under delegated planning powers by officers.

The battery boxes import electricity from the local electricity network when demand for electricity is low or when there are high levels of renewable energy available, exporting it back during periods of high demand to help address grid reliability issues; each giving the potential to power 200 homes for four hours.

The Fishguard scheme, which has seen objections from the town council and members of the public, was before committee at the request of the local member, Cllr Pat Davies.

Fishguard and Goodwick Town Council objected to the proposal on grounds including visual impact, and the location being near the school.

An officer report said the scheme would be well screened by a Paladin Fence, with a need to be sited close to an existing substation.

Speaking at the December meeting, Ben Wallace of AMP Clean Energy conceded the boxes were “not things of beauty” before addressing previously raised concerns of any potential fire risk, saying that “in the incredibly unlikely” event of a fire, the system would contain it for up to two hours, giving “plenty of time” for it to be extinguished, an alarm immediately sounding, with the fire service raising no concerns.

“These are fundamentally safe, the technology is not new,” he said, comparing them to such batteries in phones and laptops.

One of the three objectors at the meeting raised concerns of the proximity to homes and the school, describing it as “an unsafe, unsustainable and unnecessary location,” with Cllr Jim Morgan of Fishguard Town Council, who had previously raised concerns of the “nightmare scenario” of a fire as children were leaving the school, also voicing similar issues.

Local county councillor Pat Davies, who had spoken at the previous meeting stressing she was not against the technology, just the location and the potential risk to pupils, said the siting would be “a visual intrusion,” with the school having many concerns about the scheme, adding it had been “brought forward without any dialogue of consultation with the school”.

Cllr Davies added: “It is unacceptable that a micro-storage unit should be proposed in this area; someone somewhere has got it wrong.”

Following a lengthy debate, committee chair Cllr Mark Carter proposed going against officers in refusing the scheme; members unanimously refusing the application.

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Climate

Fears Sageston wind turbine scheme could affect bats

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AN APPLICATION for a wind turbine nearly 250 foot high on the road to Tenby, recommended to be turned down due to a lack of information on how it could affect bats, has been put on hold.

In an application recommended for refusal at the December meeting of Pembrokeshire County Council’s planning committee, Constantine Wind Energy Ltd sought permission for a 76-metre-high wind turbine at Summerton Farm, Sageston.

Back in 2024, an application to replace a current 60.5m high turbine on the site with one up to 90 metres, or just under 300 foot, at the site was refused on the grounds its height and scale would have a detrimental impact on the visual amenity of the locality, with the additional clause of failing to comply with supplementary guidance.

A report for committee members on the latest application says the smaller turbine than previously proposed, representing a 16-metre increase in height from a previously granted turbine “would not be sufficient for it to become an overbearing feature in the landscape,” with no objections from either the Council Landscape Officer or Natural Resources Wales.

However, concerns were raised by the council ecologist that the applicant’s Preliminary Ecological Appraisal Report was incomplete.

“The Council Ecologist questions why the response received in relation to myotis bat records were not included within the initial PEA.  As such, he considers that the PEA does not present enough information on the possible presence of bats within the application site area.

“Whilst there may be negligible foraging and commuting potential, there are records of foraging on grassland within two kilometres which have positive identification of myotis bat foraging, along with greater and lesser horseshoe bat foraging.  He also notes that the application site is in close proximity to a wooded area.”

It was recommended for refusal on the grounds that appraisal report, and technical note, “do not adequately address the impact of the proposed wind turbine on bat activity in the area”.

At the committee meeting, members heard the scheme had been temporarily withdrawn to deal with issues raised, the application expected to return to a future meeting.

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