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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

Community

Anzac Day commemoration service held in Milford Haven

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IN a service held on Sunday (Apr 28), the Milford Haven Branch of the Royal British Legion led a poignant commemoration service to mark Anzac Day, honouring the valor and sacrifices of the Australian and New Zealand Army Corps (ANZAC) during the Gallipoli campaign in World War I.

The service, which took place at 11:00am, on Hamilton Terrace, Milford Haven, witnessed a significant turnout.

Attendees included members of the Australian Signals and Signal Company as well as representatives of Milford Haven Town Council and the Milford Haven Sea Cadets.

The service commenced with a welcome and introduction by Lt Col Warren Coetzer, followed by a rendition of the National Anthems of Australia, New Zealand, and Wales, embodying a spirit of unity and remembrance. The anthems were a moving tribute to the camaraderie and international bonds formed in times of conflict.

ANZAC service: Remembering soldiers who fought bravely (Pic: MHTC)

During the service, the Ode of Remembrance was recited, a profound moment that prompted reflection on the courage and fellowship of the ANZAC forces.

The emblematic Rising Sun Cap Badge and the Union Flag were prominently displayed on the event programme, symbolising the service and sacrifice of those who served under them.

Local dignitaries laid wreaths, and a two-minute silence was observed, offering a chance for personal reflection on the cost of war and the price of peace.

Sea Cadets and member of the public at the service (Pic: MH Sea Cadets)

The commemoration concluded with a prayer for peace, leaving the attendees with a message of hope and a renewed commitment to the values for which the ANZAC soldiers bravely fought.

The service was not just a remembrance of past sacrifices but also a reminder of the enduring spirit of the ANZACs, which continues to inspire and guide future generations.

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Community

Survey of Picton Castle reveals groundbreaking medieval architecture

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THE first ever detailed architectural survey of Picton Castle, Pembrokeshire, has revealed a medieval castle ahead of its time in terms of design and high status living. Much altered in the Georgian period, the castle was surveyed by the author, Neil Ludlow, with Phil Poucher of Heneb – Dyfed Archaeology (formerly Dyfed Archaeological Trust) and funded by the Castle Studies Trust: it reveals a sophisticated building fit for royalty.

However, the building was actually built between 1315-20 by a senior royal government official called Sir John Wogan, who held office in Pembrokeshire, Northern England and Ireland and possibly fought on a military campaign in Gascony.

While outwardly it retains much of its medieval flavour, the interiors were extensively made over during the eighteenth century so that it now presents itself first and foremost as a Georgian country seat. But beneath this veneer, much medieval work still survives – though a lot of it is tucked away behind stud-walls, in cupboards, or is otherwise obscured.

Picton’s unique layout makes it a castle of great importance and architecturally ground-breaking for when it was built in the early fourteenth century. Most castles have at least some close parallels, but Picton is effectively one of a kind. Close study shows that it resolves as a central first-floor hall, flanked by services and a chamber-block to form a very early example of the three-unit ‘H-plan’ house.

The gatehouse – unusual in buildings of this kind – led onto an equally unusual ‘grand stairway’ to the hall; a second ground-floor entry probably led to an external kitchen and bakehouse.

The castle’s spatial disposition, access and circulation are meticulously planned, while the domestic appointments show a remarkable level of sophistication for the period, including what appear to be vertical serving-hatches between the ground floor and the service rooms above. At second-floor level, the east towers and gatehouse form two integrated suites of residential apartments either side of a chapel, in a manner firmly rooted within royal planning. The opposite pair of towers, at the west end, seem to have been united internally to form a residential chamber-block, for Wogan’s officials and guests, possibly served by latrines in the former west tower; the present partition walls are later.

Neil Ludlow told The Pembrokeshire Herald: “The enigmatic castle at Picton in Pembrokeshire is best-known for its magnificent Georgian interiors. But beneath this veneer is a medieval castle, from around 1315-20, with a unique layout. A towered hall-block with a pioneering ‘H-plan’, it reveals elements derived from royal planning, and sophisticated domestic arrangements including serving hatches between the floor levels. These innovations show it to have been a castle that was ahead of its time.”

Castle Studies Trust Chair of Trustees Jeremy Cunnington added: “The Castle Studies Trust is delighted to have funded the first ever detailed survey of Picton Castle and to have learned so much more about the medieval form of this unique building.”

Dr Rhiannon Talbot-English, Director at Picton Castle Trust told this newspaper: “Picton Castle has always been something of an enigmatic mystery: hidden gothic alcoves and arches, secret spiral staircases and untouched medieval Undercroft. Picton Castle Charitable Trust is extremely grateful to the Castle Studies Trust for its generous financial support which has enabled this research to be undertaken and we look forward to sharing this new knowledge with the public in a new exhibition about the early castle.”

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Solemn tributes at Freshwater West for WWII maritime tragedy

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IN an emotional gathering at Freshwater West, Pembrokeshire, the public and veterans convened on April 29, to honour the memory of the 85 souls lost in the tragic sinking of Landing Craft, Gun (LCG) 15 and LCG 16 during a brutal storm in April 1943.

The memorial service took place near the scenic, surf-popular beach, where the community assembled to reflect on the calamity that struck during a perilous wartime operation.

The service highlighted the sacrifices made by those aboard the LCGs, as well as six valiant crew members from the HMS Rosemary, who perished while attempting a daring rescue amidst the tempest.

Originally designed as Landing Craft, Tanks (LCTs), LCG 15 and LCG 16 were converted at Belfast’s Harland & Wolff shipyard to support amphibious operations by equipping them with heavy artillery.

Their redesign included the installation of two 4.7 inch guns intended for use during D-Day, suggesting that, had they survived, these crafts and their crews could have played a pivotal role in the Normandy Landings.

The crafts were en route to Falmouth when they encountered severe weather off the coast of Freshwater West.

Compounded by their flat-bottomed design, which was ill-suited for rough seas, both vessels tragically succumbed to the stormy conditions.

Denied shelter at Fishguard, they were compelled to continue towards Milford Haven, a decision that ultimately led to their sinking.

Today, the wrecks of LCG 15 and LCG 16 lie as protected war graves, and a poignant memorial stands overlooking the beach, a testament to the bravery and enduring legacy of the men lost to the sea.

Visitors to the memorial site at Freshwater West, which also hosts another commemorative marker at Thornton Cemetery in Milford Haven, can reflect upon the harrowing experiences faced by wartime naval personnel and the profound impact of their service.

The event served not only as a remembrance but also as an educational experience, particularly for younger generations unaware of the perils faced by their forebears during such tumultuous times.

The memorial at Freshwater West remains open to the public, offering a place for contemplation and respect, against the backdrop of one of Wales’ most beloved surfing beaches, where the echoes of history resonate with the sounds of the waves.

Pictures by Martin Cavaney

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