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

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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.

Ms Incledon has been on long-term sick leave since the extract of the draft Audit Wales report landed on her doormat.

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

Crime

Dyfed-Powys Police officers share what it’s like to work on Christmas Day

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TUCKING into turkey, enjoying a festive tipple, and spending precious time with family and friends is a Christmas routine familiar to many. But for some, Christmas Day looks very different as they don helmets, radios, or headsets to keep communities safe.

Here are three Dyfed-Powys Police officers and staff who will be on duty this festive season.

Dog handler PC Hannah Jones

PC Hannah Jones, based in Carmarthenshire, will spend her first Christmas as a dog handler alongside her three-year-old police dog, Rogue.

Hannah, who has worked in the force for six years, previously spent Christmas on response duties in Llanelli. This year, she will work a 7:00am to 2:00pm shift.

She said: “I don’t mind working Christmas; there’s always good team spirit. I don’t have children, so if I can help others, I will. When I was in Llanelli, our sergeant brought us bacon sandwiches, and everyone brought in festive treats.”

Hannah explained that her shift will start at home with Rogue: “She’ll have a few extra treats – not too many in case she’s needed. The last thing we want is a sluggish dog!”

Reflecting on her work, she added: “You never know what Christmas Day will bring, from attending to vulnerable or missing people to domestics. It’s rewarding to know you can make a difference, especially if it’s someone’s worst Christmas.”

Inspector Geraint Griffith

Inspector Geraint Griffith, Force Incident Manager (FIM), will spend his last Christmas on duty before retiring in the new year – and celebrating his 54th birthday. He will coordinate incidents from the Force Communications Centre (FCC) during a 6:00pm to 6:00am shift.

This year is special, as he will work alongside his daughter Seren, who recently joined the team as a call handler.

He said: “I volunteered to work this year because Seren will be on her first Christmas shift. I’ll be bringing in her dinner – that’s my main role!”

Reflecting on his career, Geraint added: “I’ve worked more Christmases than I can remember. The incidents are often domestic abuse or violence, mainly fuelled by alcohol or family tensions. It can go from steady to busy very quickly.”

Despite the challenges, he noted the camaraderie: “Even on my 50th birthday, the team brought in a cake and banners. There’s always a good atmosphere.”

He concluded: “I’ve been lucky to see my children on Christmas Day over the years. Hopefully, my last shift will be a relatively calm one.”

Roads Policing Officer PC Gareth Evans

PC Gareth Evans, based in Brecon, will work a 7:00am to 4:00pm shift on Christmas Day, as he has done for many years.

He said: “Mornings are my preferred shift because I can still enjoy the rest of the festivities with family afterwards. I don’t have children, so I’m always happy to help those who do.”

Describing the day, he added: “The shift can range from being completely quiet to very busy. Road traffic collisions and domestic abuse tend to be the main incidents.”

Gareth noted the efforts to keep spirits high: “There’s usually a festive atmosphere, with teams cooking breakfast together or bringing in party food. We all make the most of it.”

After his shift, Gareth will join his wife and in-laws for a Christmas meal: “Working means I cut down on the calorie intake, so that’s a bonus!

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News

Welsh language strategy under scrutiny amid calls for clearer direction

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SAMUEL KURTZ MS, Shadow Cabinet Secretary for the Welsh Language, has urged the Welsh Government to rethink its approach to the ambitious Cymraeg 2050 target following concerns raised in a recent Senedd report.

The Cymraeg 2050 strategy aims to see one million Welsh speakers by the middle of this century, but doubts have been cast over its viability. The Young People and Education Committee’s findings highlight challenges such as a stagnation in the number of Welsh-speaking teachers and a decline in the use of the language among young people.

Mr Kurtz, who represents Carmarthen West and South Pembrokeshire, has joined calls for the Welsh Government to reassess its plans. He said:

“The Welsh Conservatives have long called for a clearer strategy from the Welsh Government to achieve their Cymraeg 2050 target.

“With the number of Welsh speakers declining over the past two decades, it is essential that this trend is reversed. Given the stagnation in the number of Welsh-speaking teachers and the decreasing use of Welsh among young people, the Welsh Government must review why their current plans for Cymraeg 2050 are clearly not working and make the necessary adjustments.”

A Pembrokeshire perspective

In Pembrokeshire, where the heritage of the Welsh language runs deep, the debate is particularly significant. Local communities have seen varied success in maintaining Cymraeg. Welsh-medium education has grown in some areas, with schools such as Ysgol Caer Elen in Haverfordwest playing a vital role, but concerns remain about its accessibility across the county.

Historically, Pembrokeshire has been viewed as a ‘linguistic frontier’, where the Welsh language coexists with English in a delicate balance. Rural areas have held on to their linguistic traditions, but urbanisation and demographic shifts pose challenges.

One key issue lies in the teaching workforce. Without enough Welsh-speaking teachers to inspire and educate the next generation, achieving Cymraeg 2050 becomes increasingly difficult. Calls have also been made for more immersive Welsh-language opportunities outside the classroom to foster the use of Cymraeg in day-to-day life.

Why Cymraeg 2050 matters

At the heart of Cymraeg 2050 is a vision to not only preserve Welsh but to make it a living, thriving language. Campaigners argue that a robust strategy is essential to ensure the language remains relevant for future generations, particularly in areas like Pembrokeshire where cultural heritage is so closely tied to Cymraeg.

Supporters of the target highlight its potential to strengthen community identity and boost economic opportunities, from tourism to creative industries, where bilingualism is a growing asset.

Achievable or aspirational?

While the ambition of Cymraeg 2050 is widely praised, questions linger over whether it is achievable without significant policy changes. Critics argue that without a comprehensive, well-funded strategy addressing education, infrastructure, and community engagement, the target risks being little more than an aspiration.

For Pembrokeshire, the challenge is clear: to celebrate and protect its Welsh-speaking communities while creating opportunities for growth and engagement in Cymraeg for all.

Mr Kurtz’s call for action adds to the mounting pressure on the Welsh Government to deliver a plan that works – not just for now, but for generations to come.

For Pembrokeshire and beyond, the stakes are high. Achieving one million Welsh speakers is about more than just numbers – it’s about ensuring a future where the language continues to live and thrive, from the rural villages of North Pembrokeshire to the bustling streets of Milford Haven.

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Education

New Zealand experience empowers young leaders

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A GROUP of young people have enjoyed a memorable and transformative journey to New Zealand, Led by Plan International.

The group from Ysgol Greenhill, Tenby, supported by Youth Workers from Pembrokeshire Youth Service, went on the extraordinary educational and cultural adventure as part of their We Know, Our Journey Youth project.


The project was fully funded by Taith, a Welsh Government initiative which aims to create life-changing opportunities to learn, study and volunteer all over the world.
The trip aimed to broaden horizons, foster personal growth, and deepen understanding of gender-based violence and its global impact.


The group were invited as recognition of their hard work and dedication to addressing gender-based violence within their community.

During their two-week journey, the group immersed themselves in the stunning landscapes and rich culture, including visits to Auckland, Rotarua, Waitomo, Taupo and Hamilton.

The group spent time in Auckland, where they embarked on a bus tour, exploring the city’s vibrant culture, stunning harbour, and diverse neighbourhoods. They also ventured to the Waitomo Glow-worm Caves, and learned about the local Māori culture.

In Rotorua, the group experienced the thrill of the Skyline Luge and Gondola, offering panoramic views of the city. They participated in a traditional Māori culture evening, learning the rich history and customs of the Mitai Māori people.

The group also spent time at Blue Light camps, engaging in outdoor activities and team-building exercises. Blue light works in partnership with the police to deliver a range of youth programmes and activities, to reduce the incidence of young people becoming an offender or victim of crime, and encourage better relations in the community.

At Lake Taupo, they enjoyed a boat cruise, admiring the stunning scenery and ancient Māori rock carvings.

The group visited Hamilton Zoo and explored the stunning Huka Falls, a picturesque waterfall.
Throughout their journey, the group participated in meetings with organisations working to address gender-based violence.

The groups heard what organisations were doing and also had the opportunity to present what they are doing in Wales.

One such organisation was LeVa, where they experienced a warm Somali welcome and immersed themselves in Somali culture. The day was inspirational, insightful and filled with emotion.

The group also had the opportunity to spend a day with New Zealand Rugby, learning about their initiatives to promote gender equity and positive social change within the sport and the broader community.

The group also met with Dear Em whom are a strong, driven group providing safe spaces for women and girls to have a voice in New Zealand.

The group has formed a new collective, “Our Voice Our Journey,” and plans to continue their work on gender-based violence back in Wales.

The experience has empowered these young people to become leaders in their community, advocating for gender equality and working towards a brighter future for all.

One member of the group, said: “Going to New Zealand helped me get a more positive mind-set, by seeing how other organisations across the world also wanted to prevent violence, it made me realise we are all in it together.

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