News

Legal action threatened over ‘councillor’s’ status

Published

7 years ago

March 5, 2018

David Boswell: Would he sue the council?

THE COUNCIL’S Legal Department has failed to respond to two pre-action letters sent by solicitors acting on behalf of the local authority’s Labour Group as thedilemma over the future of David Boswell’s membership of the Council has taken yet another turn.

The Herald understands that the Council’s Legal Department now fears that if the Pembroke St Mary North ward was declared vacant, Mr Boswell might have a legal action against the local authority.

That potenital threat is two-fold: firstly, in relation to any change of position on the advice from Monitoring Officer Claire Jones he has relied upon; and, secondly, in respect of the potential prejudice formally removing him might cause to his scheduled trial at Swansea Crown Court.

Had Mr Boswell’s trial taken place as scheduled neither of the above issues could possibly have arisen.
Suspicion is growing among some council members that Council officers were counting on the trial being over to avoid embarrassment over the advice given to Mr Boswell by the officer upon whose advice they are entitled to rely upon as the last word.

However, the legal pressure has grown upon the authority. A letter before potential proceedings has been sent by a firm of solicitors acting for the Association of Labour Councillors.

With their initial letter unanswered, a second letter has now been sent from those solicitors which takes the Council to task both for their failure to respond to a letter marked ‘URGENT’, but also for statements made by the Monitoring Officer to the press and alleged comments made to councillors.

The Herald can confirm that despite receiving both letters, the Council has failed even to acknowledge their receipt at the time we went to press.

To quote the ALC Solicitor letter to the council: “We strongly disagree with your interpretation of this legislation and urge you to declare the vacancy as soon as possible. We do not consider that it is accurate or reasonable to describe a members’ seminar as a meeting of the local authority.”

The Council’s position turns on whether or not seminars for members are council meetings.

If they were Council meetings, the Council’s Legal Department would have been able to provide minutes of those meetings.

Council meetings, at law, are subject to rules in relation to publishing the agenda, setting out the the timetable, clear rules in regards to voting, and minute taking.

None of those apply to a seminar.

And the Council’s Legal Department refused to provide any of the information that define a Council meeting to this newspaper, claiming that it wanted to explain the legal situation to members first.

What that has to do with providing information that – if it exists – would prove the Monitoring Officer’s contention that seminars are meetings is unclear.

The Solicitors’ letter sent to the authority, sets out that position with a stinging rebuke to the Legal Department’s stated position, saying: ‘If it does not sound like a council meeting and it does not act like a council meeting, then it is more than likely not a council meeting’.

And ‘more likely than not’ is the key legal test. Not beyond a reasonable doubt, as in criminal proceedings.

Of course, the Council’s position would be stronger if it did not publish information likely to be of assistance to other potential parties to litigation.

At a meeting in 2011, a key Council committee considered a range of governance issues including member attendance at meetings.

The committee endorsed the position that members’ attendance should be published.

It even set out what meetings would be covered.

‘That the recording period cover each municipal year, and the record apply to attendances at formal Council body meetings (Council; Cabinet; Committees and Sub-Committees)’.

More fundamentally, it ‘suggested that training events/seminars be included in the attendance record’.

The distinction between what the Council then resolved were meetings on the one hand and members’ seminars and training on the other is crystal clear. If seminars were ‘meetings’ under the law, attendance would be recorded as a matter of course.

That is not the whole list of what is in the law covering council meetings. That also includes meetings which councillors attend as representatives of the authority.

However a list of what constitutes a council meeting cannot just be added to as and when a local authority finds convenient. A strong legal position would be that just because a statutory list of ‘meetings’ is not comprehensive (which is a fair reflection of the legal department’s position on the Local Government Act) that does not mean meetings which do not meet the criteria for council meetings can then be called council meetings.

The ridiculousness of the situation is best illustrated by the fact that on Wednesday (Feb 28), Mr Boswell attended a members’ seminar of an authority of which he is quite possibly no longer a member, while no press or public were admitted to the ‘council meeting’, no minutes were kept, and no agenda was published.

Why the Council’s legal department has been so reticent about replying to an urgent solicitors’ letter is a mystery, although no suggestion is made that it is either because council officers are hoping to ‘run down the clock’ in order to forestall taking any action at all or because they are paralysed by indecision.

In an email sent to all county councillors marked ‘CONFIDENTIAL’ in large red letters the Monitoriing Officer forcefully reminds members not to say anything that might jeopardise Mr Boswell’s trial. The Council’s monitoring officer appears also to suggest the Council has advice from ‘Leading Counsel’ (usually a QC) to support its position.

Advice from a barrister, even a leading one, is usually dependent on the content and quality of the instructions sent to one. There is a world of difference between a barrister being asked to advise a client and a barrister being asked to advise how a client might wriggle off a hook of their own making.

There is also a faint suggestion that legal advice obtained by the Council for the benefit of the authority might not be shared with all members. The way in which the email is set out makes it difficult to determine whether the Monitoring Officer would propose releasing advice on a limited basis. In addition, when quoting the Code of Conduct, Ms Jones states that members of a political party should consider whether or not they should declare ‘either a personal or prejudicial interest when speaking and voting’ on business of the authority.

That section of the email appears to be a remarkable attempt to prevent any debate by councillors of the cleft stick the council’s own officers have placed the authority in.

With dire warnings about ‘predetermination’ and ‘recent media stories’, Claire Jones seems to confuse discussing the potential that she might have got it wrong with expressing a view on whether or not Mr Boswell is guilty of the allegations – and that is all that they are – he faces.

The latter, it goes without saying is – quite properly strictly forbidden – the former is not the same thing at all.

Ms Jones’ email warns councillors of the dangers of expressing views as to whether or not she is wrong before an occasion upon which elected members can express a view. However, Ms Jones will know that pre-sentiment is not pre-determination, that councillors are permitted to make their minds up for themselves, and that the purpose of the rules about pre-determination and potential bias, as made clear by guidance given by the Public Services Ombudsman, is not to stifle either political or public discussion of contentious issues.

In addition, seeking advice on whether the Monitoring Officer is herself right or wrong is not predetermination by any means.

Community

Restoration of a pond hopes to support biodiversity in Pembrokeshire

Published

9 hours ago

December 20, 2024

Tom Sinclair

AN OLD millpond at the heart of the Wallis and Ambleston community, and a site of Special Scientific Interest, has now been improved to benefit water quality and increase biodiversity in an area of South Wales, thanks to funding from Nestlé Waters UK.

Wallis Pond was created in 1836 as part of the tributary of the Wester Cleddau River to supply water to a local mill. Back in 1978, it was restored and later re-opened by HRH King Charles III, the then Prince of Wales.

Over the years, the pond had become completely silted up, restricting the waters passage and the pond’s ability to retain water, resulting in a reduced diversity of habitat in and around the millpond.

Pembrokeshire County Council, Heavyside Landscapes and Nestlé Waters UK have come together to restore the millpond with regulatory guidance from Natural Resources Wales and support from the Ambleston Community Council.

The project saw the pond re-dug and de-silted, and the old sluice gate replaced to re-establish the millpond. With the pond now able to hold more water, it is hoped to help build resilience to the increased frequency and intensity of storm events, alleviating the risk of flooding in the local area.

Retention of flows in the pond for a longer time should help reduce silt build-up and prevent nutrients such as phosphates and nitrates from travelling downstream in the Cleddau catchment, helping to protect water quality, improve aquatic habitats, and encourage eels, otters, damselflies, and other wildlife species.

Restoration of Wallis Pond is one of the projects that Nestlé Waters is working on as part of its efforts to help regenerate local water cycles and create a positive water impact everywhere the company operates.

Matthew Faulkner, Factory Manager at the Nestlé Waters site in Princes Gate, said: “We are proud to be a part of the Wallis Pond restoration work, aimed at delivering long-lasting benefits in Pembrokeshire, where we bottle at source Princes Gate and Nestlé Pure Life waters. This beautiful landscape is not only our home, but also home to some incredible flora and fauna which are vital for keeping the area rich and thriving in biodiversity.

“We’re working hard to protect this land and the water beneath our feet. Water is a shared resource and a shared responsibility, and caring for it takes the whole community. That’s why we’re grateful to be working with partners on this project that will hopefully have a positive impact on the local ecosystem and community.”

Cllr Rhys Sinnett, Cabinet Member for Residents’ Services at the Pembrokeshire County Council, said: “We welcome this funding to enhance the biodiversity in Wallis Pond which can be enjoyed by the residents of Ambleston, the wider communities in Pembrokeshire and the visitors to our fantastic county.

“This is an excellent example of partnership working that has significant benefits for the environment and the wellbeing of generations to come.”

Eirian Forrest, Clerk at the Ambleston Community Council, said: “We are grateful to Nestlé Waters UK for the funding and wish to thank everyone who has been involved in this project, especially the Pembrokeshire County Council team, for pushing the project forwards.

“The Community Council are delighted that the work has finally been done and look forward to the positive impact it will have on biodiversity. We have already received many positive comments from members of the community. The improved pond encourages locals to take a walk around the area, as well as sit down to watch and enjoy the wildlife.”

Community

£1.7m to support families and individuals facing food poverty

Published

9 hours ago

December 20, 2024

Tom Sinclair

FAMILIES and individuals across Wales struggling with the cost of food will receive vital support this winter through £1.7m of additional funding from the Welsh Government. This funding will provide help to those most in need and back community projects working to prevent and tackle food poverty in the longer term.

The funding will:

provide emergency food aid by helping local groups to store and distribute food to people who need it most, while also addressing the underlying causes of food poverty;
support FareShare Cymru by purchasing equipment to store and deliver fresh food during the winter months and running food education activities to help low-income families and individuals manage rising costs; and
strengthen food partnerships in every local authority area in Wales, helping them to address local needs and ensure resources reach those facing the greatest challenges.
The Wales-wide funding will be announced today at Cegin Hedyn community kitchen in Carmarthen. Cegin Hedyn, a Pay What You Can Canteen and Community Kitchen, is part of a network of organisations tackling food poverty, and works with Carmarthenshire Food Partnership, Bwyd Sir Gâr Food.

Bwyd Sir Gâr works closely with groups and initiatives across the region to provide targeted support to those who need it most.

Cegin Hedyn ensures that everyone can have access to fresh, organic, seasonal produce, with produce being grown steps away in their Community Allotment. Bwyd Sir Gâr Food has also been providing vegetables, grown at Bremenda Isaf farm in Llanarthne, to Cegin Hedyn and has been offering mentoring and support to the volunteers at the allotment.

Cegin Hedyn is run by chef Deri Reed. He said: “This funding is a lifeline for communities like ours, ensuring that we can continue to provide fresh, nutritious meals to those who need them most while building a more sustainable and inclusive food system. At Cegin Hedyn, we believe in the power of food to bring people together and create positive change.

“This support will help us expand our reach, grow more organic produce locally, and strengthen the food partnerships that make a real difference in tackling food poverty in Carmarthenshire and beyond.”

Food Sense Wales works closely with Bwyd Sir Gâr and Food Partnerships across Wales to help create sustainable solutions to enable everyone to enjoy healthy and sustainable food.

Katie Palmer from Food Sense Wales said: “By strengthening its support for food partnerships across Wales, the Welsh Government is recognising the importance of building resilience in local food systems – both in terms of diversifying local supply chains, and by building and organising assets and civil society in a way that is unique to the needs of the local community.”

The Cabinet Secretary for Social Justice, Jane Hutt, said: “No one should have to worry about how they’re going to put food on the table. As a government, we are committed to tackling food poverty and ensuring support reaches those who need it most.

“This new £1.7m package of funding will provide both local relief to those struggling with food costs and lay the groundwork for longer-term solutions to prevent food poverty. By supporting emergency aid, food education, and local partnerships, we are addressing this crisis from all angles.

“Local food partnerships are vital in this effort. They work with inspiring projects, like Cegin Hedyn, which not only provides meals for people, but also brings people together and supports the wider community. Their efforts show what can be achieved when local groups and wider networks come together to support those most in need.”

The additional funding builds on the £2.8m the Welsh Government has already allocated to help address food poverty this year, and brings the total to more than £24m invested in this area since 2019.

Community

Safe, warm, and connected: community hubs helping communities this winter

Published

9 hours ago

December 20, 2024

Tom Sinclair

SAFE, warm, and connected: community hubs helping communities this winter
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Safe and warm hubs are providing vital support this winter, offering welcoming spaces for people to stay warm, connect with others, and access advice and services during difficult times.

In the aftermath of Storm Darragh, which left many households without power, these community hubs have become a lifeline. Developed locally to meet local needs, Warm Hubs also offer practical support, including advice on debt and welfare entitlements; opportunities to try new activities and form friendships; and information about financial and community services.

This week, the Cabinet Secretary for Social Justice, Jane Hutt, visited the safe and warm hub in Llanddewi Velfrey in Pembrokeshire to meet volunteers and to thank them for their dedication.

Lynda Hill, representing Llanddewi Velfrey Village Hall Committee, has volunteered at the hub since 2002 helping to manage the hall and organise events.

She said “We are particularly grateful for the help from the Warm Rooms initiative as it helps us to help those in our community who are in most need. Many homes in this area lost their electricity and water for quite a long time during and after Storm Darragh. Fortunately, this didn’t affect the hall so we opened to provide access to a warm space where anyone could use cooking facilities, toilets, charge their phones, and connect with others when they may have otherwise been isolated.

“Listening to stories of other halls and community initiatives whose representatives attended the meeting, it was inspiring to hear the huge range of support that is available across Pembrokeshire. We all want people to know we’re here throughout the winter, and that the Warm Rooms hubs provide a warm and friendly welcome for people of all ages and background.”

Across Wales, safe and warm hubs also offer practical support, including advice on debt and welfare entitlements; opportunities to try new activities and form friendships; and information about financial and community services.

In October, the Welsh Government announced £1.5m in funding to ensure hubs can continue their crucial work this winter.

The Cabinet Secretary for Social Justice, Jane Hutt, said: “Hubs, like the one in Llanddewi Velfrey, are a great example of communities coming together to support one another during tough times. Volunteers are at the heart of these spaces, creating a warm and inclusive welcome for people in need.

“We know the winter months can be difficult for many, which is why we’re doing all we can to alleviate financial pressures and maximise incomes. Our investment in safe and warm hubs forms part of a wider package of support to help people through the cost-of-living challenges.”

Pembrokeshire Association of Voluntary services has been instrumental in channelling the funding for warm spaces and hosts a regular forum for those involved with community buildings, which is invaluable for sharing ideas and experience.

Other Welsh Government initiatives to help communities this winter, include:

the Welsh Benefits Charter to remove barriers to claiming benefits;
£30 million for the Warm Homes programme to improve energy efficiency in lower-income households;
an extra £700,000 for the Fuel Bank Foundation to help those who pre-pay for their fuel and are at risk of disconnection – building on the £5.6m provided since 2022; and
an additional £1.7m to support families and individuals facing food poverty, building on the £2.8m the already allocated this year, bringing the total to more than £24m invested in this area since 2019.
For advice on financial support, people can contact the Advicelink Cymru ‘Claim What’s Yours’ helpline on 0808 250 5700.