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Council’s war with auditors

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top qcCounty Hall deploys top QC in legal battle over Bryn’s ‘tax-dodge’

PEMBROKESHIRE County Council has instructed top barrister Tim Kerr QC of 11 King’s Bench Walk, London to fight its corner against the WAO investigation into the decision to allow controversial CEO Bryn Parry Jones to avoid tax on his personal pension.

Mr Kerr is described on his chambers website as being “frequently engaged by central and local government entities as well as private
sector clients”. The Herald understands that Mr Kerr is also overseeing a probe at Lancashire County Council into alleged breaches of the local government tendering process.

The engagement of an expensive leading barrister by the Council to support a tax break for highly paid staff at a time when it is contemplating raising leisure charges and closing facilities around the County is sure to generate more controversy. Council Leader, Jamie Adams, claimed that the decision to give Bryn Parry Jones a tax break would not cost Pembrokeshire an extra penny.

The leader of neighbouring Carmarthenshire Council, Kevin Madge, has already accepted that the fall-out of the same policy has been
to damage that Council’s reputation. Carmarthenshire County Council has jointly instructed lawyers with Pembrokeshire to resist the WAO.

The Pembrokeshire Herald can reveal that the WAO has already sent its ‘consideration documents’ to Pembrokeshire County Council. It is understood that those who were asked to comment on the documents were CEO Bryn Parry Jones, Head of Finance Mark Lewis and the members of the committee who passed the tax dodge policy in 2011, including current Council leader Jamie Adams and former Council leader John Davies, who Cllr Adams has claimed gave the committee members advice on the complex issue.

Herald readers will recall that the Council only took independent legal advice AFTER the Wales Audit Office raised concerns about the decision to give senior staff a large tax break on their pensions.

The Auditor General for Wales said recently:

“There are those who would argue that asking and answering the difficult questions can safely be left to officials. I commend the professionalism of our public servants in Wales, but, I would warn, “Beware the summary produced by your own staff”. I want to stress that scrutiny must not be undertaken through a tick-box approach. Strict adherence merely to the letter of the standing order is not the objective, nor will citizens accept mere compliance as an excuse for profligate behaviours.”

Those who received the documents were given the opportunity to reply to them and have now done so.

The Pembrokeshire Herald can reveal that Carmarthenshire County Council’s Executive Board met in secret session on Wednesday, December 4, to consider its next steps. Despite a meeting of Pembrokeshire County Council’s Cabinet taking place on Monday, December 2, no mention was made at the meeting of the WAO investigation.

The Wales Audit Office told The Pembrokeshire Herald:

““We can confirm that both Councils have provided their detailed responses to the Auditor’s consideration documents. He is now considering them and whether they will affect a decision to issue a report in the public interest. While there is no time scale on his decision, he hopes to conclude matters before Christmas.”

The Pembrokeshire Herald contacted Pembrokeshire County Council and asked the following questions in relation to the ‘consideration documents’ to which officers and members were due to respond:

• Please confirm whether responses have been made; if made, by whom they have been made and when they were made.
• Please confirm whether external Counsel or solicitors advised any of those responding either collectively or individually.
• Please provide us with a statement for publication regarding the dispute with the WAO regarding senior staff remuneration and when the matter is to be discussed by Council members.
• Please confirm what contribution – if any – is being made by the Council toward the fees of Mr Tim Kerr QC of 11 King’s Bench Walk Chambers.

Replying, a County Council spokesperson told The Herald:

“We can confirm that responses to the Wales Audit Office (WAO) ‘consideration document’ have been sent to the WAO.

“However, there are questions from Elected Members on this matter which are due to be asked at next week’s meeting of full Council. Responses will be given at that time.”

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Business

Port of Milford Haven now official ‘a great place to work’

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THE PORT of Milford Haven has been officially accredited as a Great Place to Work-Certified™ organisation. As the first Port Authority in Britain to secure this Certification™, it is a significant achievement.

“We are very proud to be Great Place to Work-Certified™,” said Vidette Swales, HR Director at the Port of Milford Haven. “It means so much that our employees have reported a consistently positive experience with their colleagues, their leaders and their jobs. Offering a positive employee experience is not only beneficial for the people who work with us but is also key for our continued business success.”

Tom Sawyer, CEO at the Port of Milford Haven added: “Our team is operating the UK’s leading energy port, and it is of the utmost importance that we do that safely, responsibly and effectively. We’re striving for excellence and aim to provide a world class service to our customers as well as supporting sustainable coastal communities for the prosperity of future generations. Our employees are clearly at the centre of this which is why I’m delighted that they feel supported in their role. I’m especially proud that this Certification™ demonstrates our core values of Safety, Excellence, Collaboration and Sustainability so perfectly.”

“We congratulate the Port of Milford Haven on achieving their Certification™,” said Benedict Gautrey, Managing Director of Great Place to Work® UK. “Organisations which put the employee experience at the heart of their business gain their employees’ trust and, in turn, are truly able to build a great workplace culture that delivers outstanding business results.”

Find out more about careers at the Port of Milford Haven here: www.mhpa.co.uk/about/careers-at-the-port/.

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News

Fresh questions over fire that ravaged Manorbier school

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A senior Pembrokeshire councillor is to be quizzed on what progress has been made in recouping a £200,000 insurance excess paid by the council following the 2022 fire at a Manorbier school.

Manorbier Church in Wales VC School and its adjoining schoolhouse was severely damaged by a fire on October 11, 2022, which broke out in the school roof space.

Pupils and staff were successfully evacuated with no injuries, and a “school from school” was set up in Jameston Village Hall, after a brief period of sanctuary at the nearby Buttyland caravan site.

Pembrokeshire County Council’s insurers have previously said the fire was accidentally started while “hot works” were being carried out by contractors to renew an adjacent flat roof, but, as has previously been stressed, no liability had been accepted to date.

Councillors have previously heard the majority of costs were likely to be met from the council’s insurers, with the caveat of the unknown issue of liability and its effect on the £200,000 insurance excess.

A submitted question, by Councillor Aled Thomas, to be heard at the full council meeting of Pembrokeshire County Council on May 9, will ask Cabinet Member for Education and Welsh Language Cllr Guy Woodham “to update the chamber on what progress the Cabinet have made in recouping the £200,000 insurance excess paid following the devastating non-fault fire at Manorbier school”.

Councillors have previously been told by Cllr Woodham: “The legal issues are not straightforward but will be robustly taken forward.

“At this stage it’s still subject to legal discussion. The excess will be covered by a fund the council holds for insurance excess.”

He said that, if liability was found or accepted, the council would “pursue for the full maximum claim of the costs associated with the fire”.

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Crime

Dafydd Llywelyn retains his post as our local commissioner

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THE result of the election for the Dyfed-Powys Police and Crime Commissioner election has been declared.

Plaid’s Dafydd Llywelyn retains his role as commissioner. He has held the role since 2016.

The result of the election is as follows:

  • Justin Mark Griffiths (Lib Dem) 7,719
  • Ian Harrison 19,134 (Con)
  • Dafydd Llywelyn 31,323 (Plaid)
  • Philippa Thompson (Lab) 18,353

Before the election, Dafydd Llywelyn promised: “As your current Commissioner, operational, front-line policing has, and always will come before party politics. I have a strong track record of delivering on my promises and of listening to the communities of Dyfed Powys. I am proud of what I have achieved since 2016, but there is still so much to do.

“I am an approachable individual and I believe in listening to all members of the community in order to shape a successful police force.

“Since 2016, I have increased resources whilst also retaining the lowest council tax levels in Wales.  During that time, we’ve seen:

150 more Police Officers;

  • 150 more Police Staff;
  • A CCTV system that is monitored 24/7 by police staff;
  • A dedicated rural crime team;
  • A focus on county lines drug dealing to target organised crime;
  • Investment in Youth Offending Teams to divert young people away from crime;
  • A new Offender Diversionary Scheme to reduce re-offending.

If re – elected:

  • I will safeguard Neighbourhood Policing resources retaining a visible local policing presence;
  • I will invest in the Communications Centre to ensure an accessible service;
  • I will continue to put the victim at the heart of the service and develop a truly victim led service;
  • I will work with operational staff to keep local police stations open;
  • I will invest in a new and refreshed School Police programme to deliver early intervention and preventative work;
  • I will prioritise working in partnership with organisations and agencies to safeguard the most vulnerable in society.

“Your safety is my top priority. I want to ensure that the Dyfed Powys Police Force remains one of the safest places to live in Wales and England.”

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