A brief and well-deserved break from the scandals which have been reverberating around County Hall to look at what the council is doing to sport in the county.
Listeners to Friday's edition of Taro'r Post on Radio Cymru (available here for a few more days) heard how a number of rugby clubs in Carmarthenshire are very worried about the impact of massive increases in charges for the use council owned sports facilities.
Apart from giving young people an opportunity to keep fit and take part in a team sport, the small local clubs are where talent is nurtured and developed, and then fed into the regional and national game.
The programme concentrated on one club in particular in Tumble. Tumble RFC receives an annual grant of just over £3,000 from the WRU, and it has to rely on local sponsors to make up the difference between its income from the WRU and its costs. A spokesman for the club, Steve Evans, said that the club simply did not have the money to pay the proposed new charges.
For its part the council issued a reheated version of a statement put out recently in the name of the council leader, Kevin Madge, saying this was all about creating a level playing field and fairness. Under the community asset transfer scheme, communities were being empowered to take over the running of local facilities, etc., etc.
The spokesman for Tumble, who was clearly reluctant to get caught up in what he called "the politics", gently took the council's claims apart. The community asset transfer scheme was not about transferring freeholds but leaseholds, and what the county council was proposing was for the local Community Council rather than the club to take out a lease. The leasehold on offer was just 21 years (compare that with the leaseholds of 150 years and 99 years awarded to the Scarlets and Towy Community Church respectively).
Another option would be for the club to carry on as at present, but to pay the true cost of maintaining the facility. The club has asked the council to provide a breakdown of the costs, but it has not had an answer, and the same situation is facing other users of the park, including soccer and bowls.
It was clear from the interview that the club had done its homework. They had even found out that it would be cheaper for the club to move out and use the facilities in Parc y Scarlets. Whereas the club will be asked to pay around £500 a week to the council, they could use the Scarlets training facilities for just £90.
The council would no doubt be delighted if all the village clubs upped sticks and relocated to Parc y Scarlets, but that would not be practical or feasible, and the huge discrepancy in costs speaks volumes.
The local soccer club is also being asked to pay £500 a week for the use of the park, and Mr Evans not unsurprisingly wondered whether it was really costing the county council £1,000 a week to maintain the grounds, and how it arrived at these figures.
While the council says that it is just bringing charges in line with what other councils are doing, Mr Evans said that the club had contacted other counties, and that they have different figures.
At the end of the interview the presenter, Garry Owen, summarised the costs. Currently, the club is paying £49 for a game and £29 per training session. This is set to rise to £235 for a game and £140 per training session. In the case of the junior team charges will rise from £23 to £95 per session.
Charges for a 40 week season for the junior team will therefore rise from £920 per year at present to £3,800 a year.
As Kevin Madge said, it's all about creating a level playing field.
Sunday, 16 February 2014
Saturday, 15 February 2014
Council crisis: Stepping aside
Update
Thank you to everyone who has commented on this in the last couple of days, and also for the lively debate about Mr Kerr and his envelope on the previous post.
The threat made in Pembrokeshire would involve formal complaints to the Ombudsman for Public Services alleging breach of the councillors' code of conduct. The last time this was used in Carmarthenshire as far as Cneifiwr is aware was when the chief executive made five separate complaints against Cllr Siân Caiach a couple of years ago. He was unsuccessful on every count.
Mrs Linda Rees Jones hinted that she might have another go when she told Cllr Caiach last week that she should have declared an interest in view of her role as witness in the libel trial.
There was also a hint of what may come in one of the recent flurry of bonkers council press releases when it said:
Can Plaid Cymru not wait to be in possession of all the facts before they make their minds up, or have they already done so?
There will be no need for an envelope in Carmarthenshire, as all of the planning for the extraordinary meeting on 27 February will have been done in off the record meetings and teleconferences well in advance.
It is worth spending a few moments digesting the implications of last night's announcement that Mark James would be stepping aside from his duties as chief executive of Carmarthenshire County Council.
What we have is a very shabby compromise struck to try to keep the Labour-Independent coalition together.
The council's constitution provides for the suspension of senior officers under its Rules of Procedure (Officer Employment):
The Head of Paid Service [i.e. Mr James, ed], Monitoring Officer and Chief Finance Officer may be suspended whilst an investigation takes place into alleged misconduct. That suspension will be on full pay and last no longer than two months. No other disciplinary action may be taken in respect of any of the above officers except in accordance with a recommendation in a report made by a designated independent person appointed by the Council’s Investigation Committee.
Although there is to be an investigation by the police, as far as the council is concerned there is no alleged misconduct, and Mr James has not been suspended.
Mr James will therefore remain on full pay for the duration of the police investigation, and as we have seen in Caerphilly, that could take a very long time indeed.
What has not been made clear by the council is whether he will still have access to the council's IT system or council offices. Because he has effectively taken a prolonged sabbatical without any suggestion of misconduct, there is presumably nothing to prevent him from pulling the strings and managing matters from his new vantage point. Given that the team he hand-picked, promoted and rewarded will now be running the show, Mr James's control is likely to remain undiminished.
That includes the council's acting Head of Law, Mrs Linda Rees Jones, who wrote to councillors last week saying, "As you will know a complaint has been made to the police alleging misconduct in public office by me in connection with this matter".
That is not enough to prevent her from remaining in post and dispensing advice and warnings from the podium, however. Last week, it will be recalled, she suggested that Cllr Siân Caiach should consider where she stands on the Members Code of Conduct in view of her role as a witness in the libel trial.
Peter Hughes Griffiths, leader of the Plaid group on the council, reacted with the following statement last night:
Meanwhile the dust is settling from yesterday's debacle in Pembrokeshire. An acute observer on this blog noted that Mr Kerr's role yesterday was not that of an independent, impartial legal adviser, but counsel for the chief executive and Cabinet.
A day and a night away from the Inns of Court in London will not have been cheap, and Cneifiwr's legal advisers reckon that the going rate for someone like Mr Kerr and what he likes to term his "humble opinion" is between £6,000 and £8,000 for an event of this kind.
Thank you to everyone who has commented on this in the last couple of days, and also for the lively debate about Mr Kerr and his envelope on the previous post.
The threat made in Pembrokeshire would involve formal complaints to the Ombudsman for Public Services alleging breach of the councillors' code of conduct. The last time this was used in Carmarthenshire as far as Cneifiwr is aware was when the chief executive made five separate complaints against Cllr Siân Caiach a couple of years ago. He was unsuccessful on every count.
Mrs Linda Rees Jones hinted that she might have another go when she told Cllr Caiach last week that she should have declared an interest in view of her role as witness in the libel trial.
There was also a hint of what may come in one of the recent flurry of bonkers council press releases when it said:
Can Plaid Cymru not wait to be in possession of all the facts before they make their minds up, or have they already done so?
There will be no need for an envelope in Carmarthenshire, as all of the planning for the extraordinary meeting on 27 February will have been done in off the record meetings and teleconferences well in advance.
____________
It is worth spending a few moments digesting the implications of last night's announcement that Mark James would be stepping aside from his duties as chief executive of Carmarthenshire County Council.
What we have is a very shabby compromise struck to try to keep the Labour-Independent coalition together.
The council's constitution provides for the suspension of senior officers under its Rules of Procedure (Officer Employment):
The Head of Paid Service [i.e. Mr James, ed], Monitoring Officer and Chief Finance Officer may be suspended whilst an investigation takes place into alleged misconduct. That suspension will be on full pay and last no longer than two months. No other disciplinary action may be taken in respect of any of the above officers except in accordance with a recommendation in a report made by a designated independent person appointed by the Council’s Investigation Committee.
Although there is to be an investigation by the police, as far as the council is concerned there is no alleged misconduct, and Mr James has not been suspended.
Mr James will therefore remain on full pay for the duration of the police investigation, and as we have seen in Caerphilly, that could take a very long time indeed.
What has not been made clear by the council is whether he will still have access to the council's IT system or council offices. Because he has effectively taken a prolonged sabbatical without any suggestion of misconduct, there is presumably nothing to prevent him from pulling the strings and managing matters from his new vantage point. Given that the team he hand-picked, promoted and rewarded will now be running the show, Mr James's control is likely to remain undiminished.
That includes the council's acting Head of Law, Mrs Linda Rees Jones, who wrote to councillors last week saying, "As you will know a complaint has been made to the police alleging misconduct in public office by me in connection with this matter".
That is not enough to prevent her from remaining in post and dispensing advice and warnings from the podium, however. Last week, it will be recalled, she suggested that Cllr Siân Caiach should consider where she stands on the Members Code of Conduct in view of her role as a witness in the libel trial.
Peter Hughes Griffiths, leader of the Plaid group on the council, reacted with the following statement last night:
"Cllr
Peter Hughes Griffiths, leader of the Plaid Cymru opposition group on
Carmarthenshire CC welcomed the announcement that Chief Executive Mark
James is standing down pending the result of a police inquiry, but
condemned the failure of the council's Leader, Labour councillor Kevin
Madge, to take decisive action.
As a fortnight has passed since the Welsh Auditor published his report accusing the council of two accounts of "unlawful" action, the inquiry could potentially be compromised, said Cllr Hughes Griffiths.
"This
confirms the seriousness of the situation and fully justifies the firm
stance that Plaid Cymru has constantly taken for the past two weeks. It
would have been totally improper for the Chief Executive to remain at
his desk pending the outcome of the police inquiry. As a fortnight has passed since the Welsh Auditor published his report accusing the council of two accounts of "unlawful" action, the inquiry could potentially be compromised, said Cllr Hughes Griffiths.
"However, this development has only happened following intense pressure from Plaid and by public opinion. As
Leader, Labour's Cllr Kevin Madge failed to take decisive action when
the damning Welsh Audit Office reports were published a fortnight ago,
and may have compromised the police inquiry by not suspending the person
at the centre of the inquiry.
"The
fact that Mr James is standing down for the duration of the inquiry "by
mutual agreement" shows, once again, that the so-called Leader of this
council was too weak to suspend him.
Cllr Madge should recognise this and stand down as Leader."
______________
Meanwhile the dust is settling from yesterday's debacle in Pembrokeshire. An acute observer on this blog noted that Mr Kerr's role yesterday was not that of an independent, impartial legal adviser, but counsel for the chief executive and Cabinet.
A day and a night away from the Inns of Court in London will not have been cheap, and Cneifiwr's legal advisers reckon that the going rate for someone like Mr Kerr and what he likes to term his "humble opinion" is between £6,000 and £8,000 for an event of this kind.
Friday, 14 February 2014
Council Crises: Gardening leave, a brown envelope, a petition, and a coup
Update
Thanks to everyone who pointed out that the petitions link was not working. It is fixed now.
This came 15 days after the Wales Audit Office published its public interest reports, and huge and growing pressure for Mr James to be suspended.
The reason for the allegedly voluntary nature of this suspension, it is said, is that Meryl Gravell, Pam Palmer and the other "Independents" on the Executive Board were determined to fight to the last for their man, and Mr James was also unwilling to go anywhere.
Kevin Madge dithered for nearly two weeks before coming under immense pressure from Labour HQ in Cardiff which was aghast at what all this might be doing to the Labour vote. What finally tipped the balance is not clear, but the ultimate sanction would have been for the Welsh Government to send in the commissioners.
Faced with the prospect of all hands going down, agreement was reached on a compromise formula saying that it was all mutual and voluntary.
The council's statement is below, and it seems that the press office punished the wayward local press by giving the scoop to the Western Telegraph in Pembrokeshire.
Apart from Mr James, all the rest of his hand-picked team stay in place, and the acting chief executive will be his long-term colleague, Mr Dave Gilbert (awarded with an OBE last year).
Kevin Madge will now be hoping that all of this unpleasant stuff will go away. It won't, and Rhodri Glyn Thomas AM has called on everyone, regardless of their political views, to sign a petition of no confidence in the council's leadership.
The petition can be accessed here:
http://www.rhodriglynthomas.org/petitions
Statement by Cllr Kevin Madge, Leader of Carmarthenshire County Council:
“By mutual agreement the Chief Executive Mr Mark James will no longer undertake his duties as Chief Executive from now until Police enquiries concerning the two Wales Audit Office Public Interest Reports have been concluded.
“I welcome the police investigation which will give the public the assurance they deserve.
“The Auditor has not referred his reports to the police nor has he made any suggestions of any criminal wrongdoing, and I hope that the investigation can be concluded as quickly as possible in order for us as a council to move forward.
During the absence of the Chief Executive his role will be performed by the current Deputy Chief Executive Mr Dave Gilbert.”
Mr James added that he was absolutely certain that neither he nor any of his officers had done anything wrong but that it was only right and proper that he should not be in the office whilst the police concluded their enquiries. This would avoid any perception of undue influence being brought to bear.
Mr James hoped that the police enquiry could be conducted as quickly as possible as this was in everyone’s best interest.
Cllr Madge concluded: “I have nothing further to say on this matter, there will be a full, frank and public debate on the reports at the Council meeting of February 27.”
A brown envelope
A debate on an auditor's reports would not normally be expected to make gripping and jaw-dropping television, but what we saw today in Pembrokeshire was truly shocking.
Old Grumpy and Jacob Williams will have much more to say on their blogs in due course, but there is no doubt that what happened at the council meeting in Pembrokeshire was a taste of things to come in Carmarthenshire, except that the atmosphere here is even more poisoned and the issues even more serious.
The quality of debate and the questions was impressive. Councillors were for the most part allowed to speak freely without interruption or bullying from the chair. Apparently it is not always like that in Pembrokeshire.
Seated alongside the Chair and the monitoring officer was Mr Timothy Kerr, Carmarthenshire's favourite QC.
Almost four hours into the debate things took a sudden nosedive when Mr Kerr revealed almost as an aside that he had been given a piece of paper with quotes taken from newspaper cuttings. He read a few of them out. They ranged from "the chief executive should be suspended" to "things have got to change".
The piece of paper had been in an envelope passed to him in the car which had picked him up from the railway station. Mr Kerr smiled several times as the drama developed. He was clearly enjoying this little game.
After a lot of questioning, it turned out that the envelope had been given to him by the council's monitoring officer (in Carmarthenshire this would be Mrs Linda Rees Jones).
The individuals who had made the comments could well find themselves in difficulty for failing to declare a prejudicial interest and failing to withdraw from the meeting, it was suggested.
After a great deal more questioning, Mr Kerr read out a list of names of councillors which had apparently also been tucked into the envelope.
Amazingly it turned out that these were all councillors who were likely to vote against the council's leadership and senior officers.
Councillors who thought that the chief executive was the saviour of Pembrokeshire and that the ruling Independents (or IPPG+ councillors as they are known in the county next door) had done a fine job would, Mr Kerr opined, not fall foul of the rules for the most part unless they had been particularly outspoken.
Opposition councillors initially tried to stand their ground, but with the threat of disciplinary action hanging over them for expressing an opinion, they left the chamber.
Having got rid of the opposition, the council's leadership was left with an open goal.
While debate was still in progress, councillors repeatedly argued that they had not been allowed to see the advice Mr Kerr had given the council. How could they decide on something knowing that they had not seen all the evidence? The document remained firmly under lock and key, with Carmarthenshire County Council holding the key because this was jointly commissioned advice, and Carmarthenshire had not consented to disclosure.
We can guess what will happen on 27 February, when Carmarthenshire's councillors will be told that Pembrokeshire does not want disclosure.
A very lawful Coup d'Etat
The business with the envelope and the little list of names was bad enough, but even more spine chilling was the role played by the QC.
Mr Kerr, it will be recalled, was brought in by the council's top brass to provide advice on why the WAO was wrong to condemn the tax avoiding pension arrangements for senior council officers.
Today his role expanded dramatically to the point where he was actually dispensing instant rulings on who could and who could not vote on the auditor's reports. What was left of local democracy in Pembrokeshire was killed off by a London silk.
Thanks to everyone who pointed out that the petitions link was not working. It is fixed now.
__________
Earlier this evening it was announced that Mark James would be stepping aside "by mutual agreement" with the council leader, Kevin Madge, while the police carry out their investigations.This came 15 days after the Wales Audit Office published its public interest reports, and huge and growing pressure for Mr James to be suspended.
The reason for the allegedly voluntary nature of this suspension, it is said, is that Meryl Gravell, Pam Palmer and the other "Independents" on the Executive Board were determined to fight to the last for their man, and Mr James was also unwilling to go anywhere.
Kevin Madge dithered for nearly two weeks before coming under immense pressure from Labour HQ in Cardiff which was aghast at what all this might be doing to the Labour vote. What finally tipped the balance is not clear, but the ultimate sanction would have been for the Welsh Government to send in the commissioners.
Faced with the prospect of all hands going down, agreement was reached on a compromise formula saying that it was all mutual and voluntary.
The council's statement is below, and it seems that the press office punished the wayward local press by giving the scoop to the Western Telegraph in Pembrokeshire.
Apart from Mr James, all the rest of his hand-picked team stay in place, and the acting chief executive will be his long-term colleague, Mr Dave Gilbert (awarded with an OBE last year).
Kevin Madge will now be hoping that all of this unpleasant stuff will go away. It won't, and Rhodri Glyn Thomas AM has called on everyone, regardless of their political views, to sign a petition of no confidence in the council's leadership.
The petition can be accessed here:
http://www.rhodriglynthomas.org/petitions
Statement by Cllr Kevin Madge, Leader of Carmarthenshire County Council:
“By mutual agreement the Chief Executive Mr Mark James will no longer undertake his duties as Chief Executive from now until Police enquiries concerning the two Wales Audit Office Public Interest Reports have been concluded.
“I welcome the police investigation which will give the public the assurance they deserve.
“The Auditor has not referred his reports to the police nor has he made any suggestions of any criminal wrongdoing, and I hope that the investigation can be concluded as quickly as possible in order for us as a council to move forward.
During the absence of the Chief Executive his role will be performed by the current Deputy Chief Executive Mr Dave Gilbert.”
Mr James added that he was absolutely certain that neither he nor any of his officers had done anything wrong but that it was only right and proper that he should not be in the office whilst the police concluded their enquiries. This would avoid any perception of undue influence being brought to bear.
Mr James hoped that the police enquiry could be conducted as quickly as possible as this was in everyone’s best interest.
Cllr Madge concluded: “I have nothing further to say on this matter, there will be a full, frank and public debate on the reports at the Council meeting of February 27.”
A brown envelope
A debate on an auditor's reports would not normally be expected to make gripping and jaw-dropping television, but what we saw today in Pembrokeshire was truly shocking.
Old Grumpy and Jacob Williams will have much more to say on their blogs in due course, but there is no doubt that what happened at the council meeting in Pembrokeshire was a taste of things to come in Carmarthenshire, except that the atmosphere here is even more poisoned and the issues even more serious.
The quality of debate and the questions was impressive. Councillors were for the most part allowed to speak freely without interruption or bullying from the chair. Apparently it is not always like that in Pembrokeshire.
Seated alongside the Chair and the monitoring officer was Mr Timothy Kerr, Carmarthenshire's favourite QC.
Almost four hours into the debate things took a sudden nosedive when Mr Kerr revealed almost as an aside that he had been given a piece of paper with quotes taken from newspaper cuttings. He read a few of them out. They ranged from "the chief executive should be suspended" to "things have got to change".
The piece of paper had been in an envelope passed to him in the car which had picked him up from the railway station. Mr Kerr smiled several times as the drama developed. He was clearly enjoying this little game.
After a lot of questioning, it turned out that the envelope had been given to him by the council's monitoring officer (in Carmarthenshire this would be Mrs Linda Rees Jones).
The individuals who had made the comments could well find themselves in difficulty for failing to declare a prejudicial interest and failing to withdraw from the meeting, it was suggested.
After a great deal more questioning, Mr Kerr read out a list of names of councillors which had apparently also been tucked into the envelope.
Amazingly it turned out that these were all councillors who were likely to vote against the council's leadership and senior officers.
Councillors who thought that the chief executive was the saviour of Pembrokeshire and that the ruling Independents (or IPPG+ councillors as they are known in the county next door) had done a fine job would, Mr Kerr opined, not fall foul of the rules for the most part unless they had been particularly outspoken.
Opposition councillors initially tried to stand their ground, but with the threat of disciplinary action hanging over them for expressing an opinion, they left the chamber.
Having got rid of the opposition, the council's leadership was left with an open goal.
While debate was still in progress, councillors repeatedly argued that they had not been allowed to see the advice Mr Kerr had given the council. How could they decide on something knowing that they had not seen all the evidence? The document remained firmly under lock and key, with Carmarthenshire County Council holding the key because this was jointly commissioned advice, and Carmarthenshire had not consented to disclosure.
We can guess what will happen on 27 February, when Carmarthenshire's councillors will be told that Pembrokeshire does not want disclosure.
A very lawful Coup d'Etat
The business with the envelope and the little list of names was bad enough, but even more spine chilling was the role played by the QC.
Mr Kerr, it will be recalled, was brought in by the council's top brass to provide advice on why the WAO was wrong to condemn the tax avoiding pension arrangements for senior council officers.
Today his role expanded dramatically to the point where he was actually dispensing instant rulings on who could and who could not vote on the auditor's reports. What was left of local democracy in Pembrokeshire was killed off by a London silk.
Council Crisis: Petition of no confidence in council leadership
The drama continues with a debate currently in full flow in Pembrokeshire. The neighbouring county council may be a basket case, but anyone familiar with the conduct of council meetings in Carmarthenshire will be struck by the quality and openness of discussion. Just imagine - a council where councillors are not hectored, lectured and bullied, and where they are allowed to speak and ask follow-on questions. Perhaps the absence of council officers from the meeting may have something to do with it.*
At the same time, isn't there something surreal and deeply humiliating about having a London barrister, brought at no doubt phenomenal expense to Haverfordwest, to speak in a meeting of a Welsh council and dish out advice on the employment contracts of senior officers, and which councillors may or may not vote?
That is what Carmarthenshire has to look forward to in just under a fortnight.
In the meantime, events continue to unfold in Carmarthenshire. Here is an announcement from Rhodri Glyn Thomas. Please sign the petition.
* I spoke too soon. The meeting was manipulated and strings pulled to such an extent that most opposition councillors decided to withdraw after they had effectively been threatened with action under the code of conduct.
* I spoke too soon. The meeting was manipulated and strings pulled to such an extent that most opposition councillors decided to withdraw after they had effectively been threatened with action under the code of conduct.
_____________________
Following the astonishing events
in County Hall, and the failure of the council leader to suspend the authority’s
Chief Executive when the police announced a criminal investigation, Assembly
Member Rhodri Glyn Thomas has
today launched an online petition for members of the public to express their
lack of confidence in the Council leadership.
On Monday, the Plaid Cymru
opposition councillors will be submitting motions of no confidence in 3 members
of the Council’s executive board. They
will also be submitting a motion to suspend the chief executive.
AM Rhodri Glyn Thomas said the petition he has established is
for all residents of Carmarthenshire, irrespective of political persuasion, to
send a strong message to county hall before those motions of no confidence are
discussed.
Carmarthen East and Dinefwr
Assembly Member, Rhodri Glyn Thomas said:
“It’s been over two weeks since the damning Wales Audit Office reports
were published. Over two weeks and not a
scrap of leadership has been forthcoming from the council leader, Kevin
Madge.
“His and his executive board colleague’s unwavering defiance of the
Auditor’s findings, and their attempts to defend the indefensible has seen the
First Minister of Wales dragged into the mess.
“Plaid Cymru, and more importantly, the public recognised the
seriousness of the situation fifteen days ago but the council leadership has
done next to nothing.
“It is crystal clear that Carmarthenshire is bereft of leadership. It is also clear that only Plaid Cymru’s
motions of no confidence can bring any sense of authority back to the council.
“I see this as a petition for all residents of Carmarthenshire
irrespective of political persuasion. I
want residents to sign our petition and send a strong message to the leadership
of county hall that their actions are dragging the good name of Carmarthenshire
through the mud.
Thursday, 13 February 2014
Council Crisis: A stormy day (updated)
Update
An emergency meeting of the Executive Board will be held at 5pm today, according to the South Wales Guardian and the Carmarthen Journal. The Journal carries a slightly longer and more detailed report (here).
As with Kevin Madge's statement last night, the latest press briefing comes not from the council, but Labour HQ in Cardiff which now seems to be running Carmarthenshire.
Labour holds 22 of the 74 seats on the council and polled about a quarter of the votes at the last elections in 2012.
Cneifiwr's prediction is a three-way split:
1. Keep him and fight. (Meryl, Pam and the rest of the Indies)
2. Suspend him now. (Llanelli Labour)
3. I want my mummy.
See the end of this post for some observations on yesterday's meeting of the full council.
Yesterday's announcement by Dyfed Powys Police of an investigation into possible criminal acts in Carmarthenshire County Council had been widely expected, but what nobody expected at the beginning of the day was that Kevin Madge, the council leader, would leave Mark James in post as chief executive.
Pressure on Kevin Madge to act had been growing from MPs and Assembly Members across the political spectrum, and several senior Labour figures are known to have been aghast at the events unfolding in Carmarthen, privately voicing concerns that the delays would allow time for anyone who might be subject to a police investigation to tamper with evidence.
After yesterday's bizarre council meeting at which discussion of the scandals was once again banned, Kevin Madge went off to see the deputy chief constable. What was said at that meeting is not known, but a Labour source began briefing the media ahead of the meeting that Kevin Madge would announce the suspension of the chief executive.
A few tentative press suggestions that a suspension was imminent were met with a furious reaction from County Hall. It is understood that journalists were warned of dire consequences if they continued down that line.
According to the Western Mail in a report out today (not yet available online), Kevin Madge is understood to have asked Mark James to step down voluntarily. If so, it is clear what the response was.
The damage to the county's reputation is immense, but even worse is the fallout for the Labour Party which sought to rescue something from the ashes last night when it put out a statement in Kevin Madge's name calling for an end to "political point scoring" and a review of the affair by the Welsh Local Government Association.
The statement reflects the line which Kevin Madge and other councillors, such as Anthony Jones (Llandybie, Lab) have taken, that the whole affair is a political vendetta by Plaid Cymru.
It was interesting to note that Dyfed Powys Police ended its statement yesterday by emphasising that its decision to investigate had not been influenced by political considerations.
Whether this strange state of affairs will be allowed to continue remains to be seen, and sections of the Labour Party in Llanelli are known to be very disturbed by what is happening. That poses a problem for Calum Higgins, the party's candidate for the Westminster constituency of Carmarthen East and Dinefwr, who is trying to perform a balancing act in order not to upset anybody.
Meanwhile, it is business as usual for the junta in Carmarthen, and a new round of intimidation and bullying of the press has begun over what the press office (a part of the chief executive's own department) sees as negative reporting.
To get an idea of what the council's idea of balanced news reporting means, have a look at the "Newsroom" on its website. Apparently nothing happened yesterday except that it was rather windy.
A theory which would explain what happened yesterday is doing the rounds, but unfortunately it is not printable.
Council Meeting
This blog normally writes up the monthly council meetings, but having gone through the archive, there does not seem to be much point this month apart from a couple of observations.
Firstly, councillors and the public were treated to yet another lengthy presentation which took up almost a third of the time available to the meeting. The subject this time was the Housing Revenue Account, and while it is an interesting subject and one which councillors should be informed, it would surely be better to arrange a separate seminar for things like this, rather than use up so much time on of one of the very few occasions when the public can see some of their concerns and issues being aired and attempts made to hold the Executive to account.
What we saw again at the end of the meeting was the Chair impatiently watching the clock and trying to close down discussion. In the end a huge swathe of reports were waived through with no questions or debate.
Once again we also saw numerous examples of poor chairmanship of the meeting. The impression Cllr Terry Davies gives is that his job is akin to that of a night club bouncer acting on behalf of the management, whereas what the constitution requires is someone who tries to ensure that the voice of backbench councillors and the public is heard.
Detailed questions were asked on things which matter to people in Carmarthenshire, and all too often Cllr Davies nods at the relevant member of the Executive Board and asks "ti moyn ateb?" ("Do you want to answer?"). If they shake their heads, that is the end of the matter. How about insisting on an answer?
For example, questions about what look like serious flaws in the consultation process as it affects cuts to the swimming pool in Newcastle Emlyn were not addressed. Cllr Davies allowed officers and the Executive Board to sidestep them.
At one point the acting Head of Law, Mrs Rees Jones, made a serious accusation against Cllr Siân Caiach about her few seconds in the witness box at the libel trial. The Chair refused the councillor a right of reply.
An emergency meeting of the Executive Board will be held at 5pm today, according to the South Wales Guardian and the Carmarthen Journal. The Journal carries a slightly longer and more detailed report (here).
As with Kevin Madge's statement last night, the latest press briefing comes not from the council, but Labour HQ in Cardiff which now seems to be running Carmarthenshire.
Labour holds 22 of the 74 seats on the council and polled about a quarter of the votes at the last elections in 2012.
Cneifiwr's prediction is a three-way split:
1. Keep him and fight. (Meryl, Pam and the rest of the Indies)
2. Suspend him now. (Llanelli Labour)
3. I want my mummy.
See the end of this post for some observations on yesterday's meeting of the full council.
___________________
Pressure on Kevin Madge to act had been growing from MPs and Assembly Members across the political spectrum, and several senior Labour figures are known to have been aghast at the events unfolding in Carmarthen, privately voicing concerns that the delays would allow time for anyone who might be subject to a police investigation to tamper with evidence.
After yesterday's bizarre council meeting at which discussion of the scandals was once again banned, Kevin Madge went off to see the deputy chief constable. What was said at that meeting is not known, but a Labour source began briefing the media ahead of the meeting that Kevin Madge would announce the suspension of the chief executive.
A few tentative press suggestions that a suspension was imminent were met with a furious reaction from County Hall. It is understood that journalists were warned of dire consequences if they continued down that line.
According to the Western Mail in a report out today (not yet available online), Kevin Madge is understood to have asked Mark James to step down voluntarily. If so, it is clear what the response was.
The damage to the county's reputation is immense, but even worse is the fallout for the Labour Party which sought to rescue something from the ashes last night when it put out a statement in Kevin Madge's name calling for an end to "political point scoring" and a review of the affair by the Welsh Local Government Association.
The statement reflects the line which Kevin Madge and other councillors, such as Anthony Jones (Llandybie, Lab) have taken, that the whole affair is a political vendetta by Plaid Cymru.
It was interesting to note that Dyfed Powys Police ended its statement yesterday by emphasising that its decision to investigate had not been influenced by political considerations.
Whether this strange state of affairs will be allowed to continue remains to be seen, and sections of the Labour Party in Llanelli are known to be very disturbed by what is happening. That poses a problem for Calum Higgins, the party's candidate for the Westminster constituency of Carmarthen East and Dinefwr, who is trying to perform a balancing act in order not to upset anybody.
Meanwhile, it is business as usual for the junta in Carmarthen, and a new round of intimidation and bullying of the press has begun over what the press office (a part of the chief executive's own department) sees as negative reporting.
To get an idea of what the council's idea of balanced news reporting means, have a look at the "Newsroom" on its website. Apparently nothing happened yesterday except that it was rather windy.
A theory which would explain what happened yesterday is doing the rounds, but unfortunately it is not printable.
Council Meeting
This blog normally writes up the monthly council meetings, but having gone through the archive, there does not seem to be much point this month apart from a couple of observations.
Firstly, councillors and the public were treated to yet another lengthy presentation which took up almost a third of the time available to the meeting. The subject this time was the Housing Revenue Account, and while it is an interesting subject and one which councillors should be informed, it would surely be better to arrange a separate seminar for things like this, rather than use up so much time on of one of the very few occasions when the public can see some of their concerns and issues being aired and attempts made to hold the Executive to account.
What we saw again at the end of the meeting was the Chair impatiently watching the clock and trying to close down discussion. In the end a huge swathe of reports were waived through with no questions or debate.
Once again we also saw numerous examples of poor chairmanship of the meeting. The impression Cllr Terry Davies gives is that his job is akin to that of a night club bouncer acting on behalf of the management, whereas what the constitution requires is someone who tries to ensure that the voice of backbench councillors and the public is heard.
Detailed questions were asked on things which matter to people in Carmarthenshire, and all too often Cllr Davies nods at the relevant member of the Executive Board and asks "ti moyn ateb?" ("Do you want to answer?"). If they shake their heads, that is the end of the matter. How about insisting on an answer?
For example, questions about what look like serious flaws in the consultation process as it affects cuts to the swimming pool in Newcastle Emlyn were not addressed. Cllr Davies allowed officers and the Executive Board to sidestep them.
At one point the acting Head of Law, Mrs Rees Jones, made a serious accusation against Cllr Siân Caiach about her few seconds in the witness box at the libel trial. The Chair refused the councillor a right of reply.
Wednesday, 12 February 2014
Council crisis: An inspector calls - Updated
Update
Plaid Cymru has issued a statement on today's events. Jonathan Edwards reflects what many people must be thinking tonight when he says,
“Now that we have a police investigation underway, the Chief Executive should be immediately suspended from his post. It beggars belief that the Chief Executive is in office whilst the police are investigating whether any criminal activity has taken place. Carmarthenshire Council, with the Labour and Independent parties at the helm, is bereft of leadership."
The full statement can be found at the end of this post.
Just after 4pm this afternoon, and shortly after meeting council leader Kevin Madge (Lab) at their request, Dyfed Powys Police issued the following statement:
Dyfed-Powys Police have now fully considered the three Public Interest Reports published on 30th January 2014 by Wales Audit Office, into matters relating to Carmarthenshire and Pembrokeshire County Councils.
Kevin Madge's response to this has been to issue a statement promising a separate "review" by the Welsh Local Government Association, of which he is a member along with a lot of other Labour council bosses. Two fingers up to the police and the Wales Audit Office once again, it seems.
Interestingly Kev's statement was issued not by the council but by the Labour Party's press office in Cardiff.
Plaid Cymru Member of Parliament Jonathan Edwards and County Councillor Peter Hughes Griffiths have responded to the announcement made by Dyfed Powys Police Force this afternoon which confirmed the Gloucestershire police will be investigating whether any criminal activity has taken place in relation to the Wales Audit Office reports which concluded two matters decided by Carmarthenshire Council were ‘unlawful’.
Member of Parliament Jonathan Edwards said:
“The public, media, county residents and all observers immediately recognised the seriousness of the audit reports when they were published two weeks ago. I welcome the action of the police today as this situation clearly merits investigation.
“The Labour leader of Carmarthenshire Council, Kevin Madge, has been dragged kicking and screaming into showing just an ounce of leadership but he has failed. He has failed again today with his response to the police investigation. For the past thirteen days Kevin Madge has been more interested in issuing personal attacks on anyone who dared to question his extremely poor judgement.
“Now that we have a police investigation underway, the Chief Executive should be immediately suspended from his post. It beggars belief that the Chief Executive is in office whilst the police are investigating whether any criminal activity has taken place. Carmarthenshire Council, with the Labour and Independent parties at the helm, is bereft of leadership.
“The inaction of the council leader and his astonishing attempts to undermine the integrity of the independent auditor has seen the First Minister of Wales and the Labour party head office dragged in to try and sort out the mess Kevin Madge has created.
“Labour-run Caerphilly Council suspended its Chief Executive within two days of their audit office reports. Pembrokeshire Labour party has called for the immediate suspension of its Chief Executive. But what we’re seeing in Carmarthenshire, however, is that the Labour party is in meltdown and has absolutely no authority in the council it is supposed to lead.
“At every level of government civil servants advise and elected politicians decide - the same applies to Carmarthenshire Council. The Executive Board is responsible for the unlawful decisions they have taken.
“The elected leaders of the council should therefore apologise to the taxpayers’ of Carmarthenshire for their unlawful actions and resign. It is the bare minimum they should do as a result of the damaging audit reports, and for their subsequent actions in treating Carmarthenshire residents with contempt.
“Kevin Madge’s defiance, dithering and delay has seen the good name of Carmarthenshire dragged through the mud. His disgraceful behaviour in approving a tax avoidance scheme should alone make him hang his head in shame.”
Leader of the Plaid Cymru opposition group on Carmarthenshire Council, Councillor Peter Hughes Griffiths added:
“The announcement of the police investigation confirms the seriousness of the situation the council finds itself in, and fully justifies the concerns we’ve raised for the last two weeks.
“The response of the Labour council leader is totally unbelievable. How can he justify not immediately suspending the council's Chief Executive? His suggestion of an external inquiry by the WLGA is quite pathetic.
“Cllr Madge seems to have lost his grasp on the situation entirely. As Leader, he failed to take decisive action when the reports were published and he has failed to take decisive action today. How can he remain in his post? The public will think it disgraceful that the council leader has ducked the political decisions required in his role.
“With a police investigation confirmed, the public will now rightly expect every Labour and Independent councillor to accept these reports and the serious conclusions they have reached.
“We want to restore democracy to the council and restore the good name of Carmarthenshire. We are ready and open to talk to all councillors who are prepared to lift the county out of the mess created by the Labour and Independent executive board.”
Plaid Cymru has issued a statement on today's events. Jonathan Edwards reflects what many people must be thinking tonight when he says,
“Now that we have a police investigation underway, the Chief Executive should be immediately suspended from his post. It beggars belief that the Chief Executive is in office whilst the police are investigating whether any criminal activity has taken place. Carmarthenshire Council, with the Labour and Independent parties at the helm, is bereft of leadership."
The full statement can be found at the end of this post.
__________
Just after 4pm this afternoon, and shortly after meeting council leader Kevin Madge (Lab) at their request, Dyfed Powys Police issued the following statement:
Dyfed-Powys Police have now fully considered the three Public Interest Reports published on 30th January 2014 by Wales Audit Office, into matters relating to Carmarthenshire and Pembrokeshire County Councils.
As a result, the Force has decided that it is a matter which should
be investigated in the public interest by the Police, to ascertain
whether or not any criminal offences have taken place.
Due to the close working relationships and partnership arrangements that exist between Dyfed-Powys Police and both local authorities, it is not appropriate for the Force to carry out the enquiry. As such the matter has been referred to Gloucestershire Constabulary who will undertake the investigation.
Dyfed-Powys Police would like to make it absolutely clear that this decision has been taken by the Police alone, and has in no way been influenced by political commentary or media reporting on this issue.
Due to the close working relationships and partnership arrangements that exist between Dyfed-Powys Police and both local authorities, it is not appropriate for the Force to carry out the enquiry. As such the matter has been referred to Gloucestershire Constabulary who will undertake the investigation.
Dyfed-Powys Police would like to make it absolutely clear that this decision has been taken by the Police alone, and has in no way been influenced by political commentary or media reporting on this issue.
Kevin Madge's response to this has been to issue a statement promising a separate "review" by the Welsh Local Government Association, of which he is a member along with a lot of other Labour council bosses. Two fingers up to the police and the Wales Audit Office once again, it seems.
Interestingly Kev's statement was issued not by the council but by the Labour Party's press office in Cardiff.
_______________
Plaid Cymru Member of Parliament Jonathan Edwards and County Councillor Peter Hughes Griffiths have responded to the announcement made by Dyfed Powys Police Force this afternoon which confirmed the Gloucestershire police will be investigating whether any criminal activity has taken place in relation to the Wales Audit Office reports which concluded two matters decided by Carmarthenshire Council were ‘unlawful’.
Member of Parliament Jonathan Edwards said:
“The public, media, county residents and all observers immediately recognised the seriousness of the audit reports when they were published two weeks ago. I welcome the action of the police today as this situation clearly merits investigation.
“The Labour leader of Carmarthenshire Council, Kevin Madge, has been dragged kicking and screaming into showing just an ounce of leadership but he has failed. He has failed again today with his response to the police investigation. For the past thirteen days Kevin Madge has been more interested in issuing personal attacks on anyone who dared to question his extremely poor judgement.
“Now that we have a police investigation underway, the Chief Executive should be immediately suspended from his post. It beggars belief that the Chief Executive is in office whilst the police are investigating whether any criminal activity has taken place. Carmarthenshire Council, with the Labour and Independent parties at the helm, is bereft of leadership.
“The inaction of the council leader and his astonishing attempts to undermine the integrity of the independent auditor has seen the First Minister of Wales and the Labour party head office dragged in to try and sort out the mess Kevin Madge has created.
“Labour-run Caerphilly Council suspended its Chief Executive within two days of their audit office reports. Pembrokeshire Labour party has called for the immediate suspension of its Chief Executive. But what we’re seeing in Carmarthenshire, however, is that the Labour party is in meltdown and has absolutely no authority in the council it is supposed to lead.
“At every level of government civil servants advise and elected politicians decide - the same applies to Carmarthenshire Council. The Executive Board is responsible for the unlawful decisions they have taken.
“The elected leaders of the council should therefore apologise to the taxpayers’ of Carmarthenshire for their unlawful actions and resign. It is the bare minimum they should do as a result of the damaging audit reports, and for their subsequent actions in treating Carmarthenshire residents with contempt.
“Kevin Madge’s defiance, dithering and delay has seen the good name of Carmarthenshire dragged through the mud. His disgraceful behaviour in approving a tax avoidance scheme should alone make him hang his head in shame.”
Leader of the Plaid Cymru opposition group on Carmarthenshire Council, Councillor Peter Hughes Griffiths added:
“The announcement of the police investigation confirms the seriousness of the situation the council finds itself in, and fully justifies the concerns we’ve raised for the last two weeks.
“The response of the Labour council leader is totally unbelievable. How can he justify not immediately suspending the council's Chief Executive? His suggestion of an external inquiry by the WLGA is quite pathetic.
“Cllr Madge seems to have lost his grasp on the situation entirely. As Leader, he failed to take decisive action when the reports were published and he has failed to take decisive action today. How can he remain in his post? The public will think it disgraceful that the council leader has ducked the political decisions required in his role.
“With a police investigation confirmed, the public will now rightly expect every Labour and Independent councillor to accept these reports and the serious conclusions they have reached.
“We want to restore democracy to the council and restore the good name of Carmarthenshire. We are ready and open to talk to all councillors who are prepared to lift the county out of the mess created by the Labour and Independent executive board.”
Council Crisis: A Dodgy Dossier
Carmarthenshire's
councillors have now been provided with a further bundle of legal documentation
for their reading pleasure ahead of the 27 February extraordinary meeting. Mrs
Linda Rees Jones, who sent the latest package out, notes sympathetically that
"some members will find the documentation complex". That is a kind
way of referring to the literacy and comprehension skills of some of our
elected representatives, including several on the Executive Board.
Fortunately
the reports are all written in plain and relatively simple language without
recourse to legal mumbo jumbo, and with any luck the public should soon be able
to have a look. Included in it is a response from the auditor to a letter
written by the council in November 2013, although for some reason the council's
letter is not among the documents released.
The star
exhibit is the report Mrs Rees Jones produced for the Executive Board when it
approved the libel indemnity in January 2012.
A great deal
of the legal argument both here, and in the advice produced by Mr Timothy Kerr
QC almost two years later, hangs on a single sentence in the so-called
Explanatory Notes to the Welsh Government's 2006 Order dealing with indemnities
for members and officers in local government.
The Order
makes it very clear that indemnities may not be granted to help officers and
members bring actions for defamation, although they may be indemnified to
defend actions brought against them.
However, the
accompanying Explanatory Notes contain the following line:
"These
powers are in addition to any existing powers that such relevant authorities
may have".
Is a
prohibition on indemnifying an action for defamation an additional power? Most people would probably think that being
told you may not do something does not really qualify as a new power.
Mrs Rees
Jones in her report brushes all caution to the wind. What this really means,
she says is:
Welsh Government Guidance issued in
conjunction with the 2006 Order states that any powers to grant an indemnity under the 1972 Act
(ie. the s. 111 power) are not removed by the 2006 Order.
It does no
such thing, and to say so is utterly misleading. The report was, in words used
in a different context,
"sexed up".
The other
little problem with all of this is the legal status of Explanatory Notes. 22
months after Mrs Rees Jones put pen to paper, the council's QC, Mr Timothy
Kerr, noted that the House of Lords had taken a pretty dim view of the legal
value of explanatory notes. But that was for Acts of Parliament, Mr Kerr says, and
explanatory notes to Orders are much more important.
It is
certainly an argument, but it does not seem to have been tested in a court of
law before. Even if the argument were to be tested, it is hard to see how an
Order banning the use of indemnities to bring libel actions could be seen as
conferring a new power on councils.
What we are
left with is a rather shaky interpretation of a single line in some explanatory
notes to an Order which may or may not have legal validity. As the auditor
pointed out in his response, it would be very strange for the Welsh Government
to produce a piece of legislation accompanied by a set of Explanatory Notes
which rendered the Order defunct.
In her report
Mrs Rees Jones tells councillors that she is liaising with the WAO, although
the report does not reveal that a few days before the report was presented, the
WAO made it clear that they thought the council was on thin ice.
In case there
are any lingering doubts, the Board is told that "Specialist Libel
Counsel" thought Mr James had a good chance of success. What is not
spelled out is that Specialist Libel Counsel was Mr James's own barrister, and
that the "seriously defamatory" statements were not much more than a
reference to Pinocchio and the use of the words "slush fund" to
describe the council's unique libel indemnity arrangements.
Perhaps most
worryingly of all, you would have thought, Mrs Rees Jones tells the Board that
the council does not know whether Jacqui Thompson had the financial means to
meet any costs and damages.
There is also
nothing in the report which says that the indemnity should live on indefinitely
and be used to fight any future appeals. Neither does it set any limits on how
much may be spent, although Mrs Rees Jones notes helpfully that costs could be
in the region of £100,000.
So there we
have it:
- A report
which claims unequivocally and wrongly that the explanatory notes to the 2006 Order
do not remove existing powers to grant indemnities;
- A report which does not say what the WAO's
opinion was, even though the WAO's opinion had been received before the report
went to the Board;
- A report
which cites expert opinion without disclosing that the source of the opinion
was the barrister acting for Mr James;
- And finally a report which gave the green
light to a potentially very costly court action without establishing whether
Jacqui Thompson had the means to pay.
Not included
in any of the documentation released so far, and unlikely to be released, is information
relating to the negotiations to secure an out of court settlement which went on
until shortly before the trial started. It is understood that this
would show that Mr James was determined to go to court come what may.
If this
reminds you of Tony Blair's dodgy dossier which was used to justify the war on
Iraq in 2003, you may well be right.
Tuesday, 11 February 2014
Council Crisis: Cardiff via Haverfordwest - Updated
Update
Cllr Jacob Williams is reporting over on his blog that Mr Timothy Kerr QC, the author of the secret advice on the pensions scandal to both Pembrokeshire and Carmarthenshire county councils, will be abandoning the smart surroundings of the Inns of Court in London for what will no doubt be a very expensive outing to Haverfordwest, where he will take part in Friday's extraordinary meeting.
Let's hope the Welsh weather doesn't scupper his travel arrangements.
Meanwhile the "Independents" who run the Pembrokeshire have been closeted with their Tory MPs and AMs to discuss the WAO crisis among other topics.
Tomorrow will see the first meeting of the full council in Carmarthen since the storm over the auditor's public interest reports broke nearly two weeks ago. Provided the sellotape and rubber bands hold, viewers should be able to view the meeting online, and it promises to be one of the stormiest sessions for a long time, even for a council which is used to X-rated horror meetings.
Will those present be ordered to stand as the Chair and Chief Executive sweep in at the beginning of the meeting? Will the Chief Executive and Mrs Linda Rees Jones even be there? Will any angry spectators in the public gallery hurl rotten tomatoes at the podium? Will the plugs be pulled on the live broadcast? All that and much, much more beginning at 10 am tomorrow (link here).
For those readers like Cneifiwr who are unable to watch or attend, you should be able to view proceedings from Thursday afternoon.
If you cannot get enough of watching councils trying to navigate through stormy waters, another treat is in store on Friday when Pembrokeshire County Council meets to discuss the auditor's report on the pensions scandal. That should also be available to watch online here.
In preparation, Pembrokeshire County Council has published a report which will be the basis for the meeting (here).
This is a weighty document, and consists of the council's response to the auditor's public interest report, the public interest report itself, the council's lengthy response to the auditor's consideration document and various other appendices, more on which below.
The response to the consideration document at the end of November was drawn up, it is clear, with significant input from Mr Timothy Kerr QC, the counsel jointly employed by Carmarthenshire and Pembrokeshire county councils.
Mr Kerr's actual advice was withheld from the WAO, and the report going before councillors on Friday also fails to reproduce it on the grounds that it is privileged.
There are limits to openness and transparency, even at this late stage.
Unlike Carmarthenshire, Pembrokeshire is still sticking to its guns on the pension pay supplement, and argues that a decision to rescind it could have contractual implications because the council incorporated a clause enabling senior officers to opt out of the local government pension fund into their contracts of employment. It does say, however, that it will "revisit" its decision.
These are complex legal and financial issues, but what is beyond doubt is that the council's claims that the pension arrangements would not cost the authority anything were utterly untrue.
Having argued the case back and forth, the document then goes on to a glossy appendix containing advice commissioned from a firm called Chartermarque. This snazzy document begins with a picture of steel and glass skyscrapers and a picture of the author, a stern looking man in a suit. Many pages of text and tables follow.
How much that cost, we are not told. Nor are we told how much the apparently ongoing involvement of Mr Timothy "Genius" Kerr QC has cost.
In addition to that, we can safely add quite a few thousands more in respect of the countless hours spent by council officers and staff in meetings and putting together reports.
Add to that the involvement of yet another company which pops up right at the end of the document. This takes the form of an e-mail sent by a Mr John Livesey of Mercer UK, which is part of a US-based global financial services and employment consultancy firm.
Mr Livesey is replying to a question sent by an officer of Carmarthenshire County Council, and his response shows that the pension arrangement will also have cost the two councils money in the form of loss of contracted out National Insurance rebate.
Apart from showing just how closely the two county councils have been in cahoots on this issue, it also shows that Carmarthenshire's councillors and struggling tax payers have not been told the full extent of all the legal and financial advice the council has been shelling out for in defence of the chief executive's tax avoidance scheme.
No, no and no
On a slightly lighter note, Oggy Bloggy Ogwr has taken another look at the whole saga. Oggy is one of the best Welsh bloggers, and his latest piece ends with a snippet from the proceedings of the National Assembly's Petitions Committee where members were gobsmacked by a response they received from Carmarthenshire County Council.
At issue was a petition signed by more than 4,000 people calling for Stradey Park to be given listed status (the council is busy turning the site into an executive housing development).
When it first responded to the committee, the council's answer was just four words: "No, no and no".
When asked politely to reconsider and provide a rather less offensive reply, back came the council's Building Conservation Officer with an only slightly less surly six lines of text, saying "no".
Residents of Carmarthenshire who have been putting up with this sort of thing for years may permit themselves a grin as they see that the council is now not afraid to dish it out to the Great and Good as well as the rest of us.
Cllr Jacob Williams is reporting over on his blog that Mr Timothy Kerr QC, the author of the secret advice on the pensions scandal to both Pembrokeshire and Carmarthenshire county councils, will be abandoning the smart surroundings of the Inns of Court in London for what will no doubt be a very expensive outing to Haverfordwest, where he will take part in Friday's extraordinary meeting.
Let's hope the Welsh weather doesn't scupper his travel arrangements.
Meanwhile the "Independents" who run the Pembrokeshire have been closeted with their Tory MPs and AMs to discuss the WAO crisis among other topics.
______________________
Tomorrow will see the first meeting of the full council in Carmarthen since the storm over the auditor's public interest reports broke nearly two weeks ago. Provided the sellotape and rubber bands hold, viewers should be able to view the meeting online, and it promises to be one of the stormiest sessions for a long time, even for a council which is used to X-rated horror meetings.
Will those present be ordered to stand as the Chair and Chief Executive sweep in at the beginning of the meeting? Will the Chief Executive and Mrs Linda Rees Jones even be there? Will any angry spectators in the public gallery hurl rotten tomatoes at the podium? Will the plugs be pulled on the live broadcast? All that and much, much more beginning at 10 am tomorrow (link here).
For those readers like Cneifiwr who are unable to watch or attend, you should be able to view proceedings from Thursday afternoon.
If you cannot get enough of watching councils trying to navigate through stormy waters, another treat is in store on Friday when Pembrokeshire County Council meets to discuss the auditor's report on the pensions scandal. That should also be available to watch online here.
In preparation, Pembrokeshire County Council has published a report which will be the basis for the meeting (here).
This is a weighty document, and consists of the council's response to the auditor's public interest report, the public interest report itself, the council's lengthy response to the auditor's consideration document and various other appendices, more on which below.
The response to the consideration document at the end of November was drawn up, it is clear, with significant input from Mr Timothy Kerr QC, the counsel jointly employed by Carmarthenshire and Pembrokeshire county councils.
Mr Kerr's actual advice was withheld from the WAO, and the report going before councillors on Friday also fails to reproduce it on the grounds that it is privileged.
There are limits to openness and transparency, even at this late stage.
Unlike Carmarthenshire, Pembrokeshire is still sticking to its guns on the pension pay supplement, and argues that a decision to rescind it could have contractual implications because the council incorporated a clause enabling senior officers to opt out of the local government pension fund into their contracts of employment. It does say, however, that it will "revisit" its decision.
These are complex legal and financial issues, but what is beyond doubt is that the council's claims that the pension arrangements would not cost the authority anything were utterly untrue.
Having argued the case back and forth, the document then goes on to a glossy appendix containing advice commissioned from a firm called Chartermarque. This snazzy document begins with a picture of steel and glass skyscrapers and a picture of the author, a stern looking man in a suit. Many pages of text and tables follow.
How much that cost, we are not told. Nor are we told how much the apparently ongoing involvement of Mr Timothy "Genius" Kerr QC has cost.
In addition to that, we can safely add quite a few thousands more in respect of the countless hours spent by council officers and staff in meetings and putting together reports.
Add to that the involvement of yet another company which pops up right at the end of the document. This takes the form of an e-mail sent by a Mr John Livesey of Mercer UK, which is part of a US-based global financial services and employment consultancy firm.
Mr Livesey is replying to a question sent by an officer of Carmarthenshire County Council, and his response shows that the pension arrangement will also have cost the two councils money in the form of loss of contracted out National Insurance rebate.
Apart from showing just how closely the two county councils have been in cahoots on this issue, it also shows that Carmarthenshire's councillors and struggling tax payers have not been told the full extent of all the legal and financial advice the council has been shelling out for in defence of the chief executive's tax avoidance scheme.
No, no and no
On a slightly lighter note, Oggy Bloggy Ogwr has taken another look at the whole saga. Oggy is one of the best Welsh bloggers, and his latest piece ends with a snippet from the proceedings of the National Assembly's Petitions Committee where members were gobsmacked by a response they received from Carmarthenshire County Council.
At issue was a petition signed by more than 4,000 people calling for Stradey Park to be given listed status (the council is busy turning the site into an executive housing development).
When it first responded to the committee, the council's answer was just four words: "No, no and no".
When asked politely to reconsider and provide a rather less offensive reply, back came the council's Building Conservation Officer with an only slightly less surly six lines of text, saying "no".
Residents of Carmarthenshire who have been putting up with this sort of thing for years may permit themselves a grin as they see that the council is now not afraid to dish it out to the Great and Good as well as the rest of us.
Council crisis: Carwyn hasn't forgotten us
"Weighed in" is what you normally read in the papers when someone, usually someone higher up, intervenes in a row. Well, Carwyn Jones hasn't exactly weighed in to the scandals in Carmarthenshire and Pembrokeshire, but he has sidled up to them, coughed, and spoken in lawyerly code.
He has urged both councils to "deal with the situation and act", to "consider the law" and not think that they can put the auditor's reports to one side. Carwyn Jones also said he was surprised to see that the chief executive of Pembrokeshire earned £65,000 a year more than he did.
Obviously Carwyn needs to read the newspapers a bit more often.
The problem with all this is that Kevin Madge probably does think that digging his heels in, refusing to suspend the chief executive and attacking the auditor and the opposition is dealing with the situation.
A couple of years ago when Carmarthenshire received some extra money from the Welsh Government for something or other, Kev told councillors that "Carwyn hasn't forgotten us".
It's a safe bet that Carwyn wishes he could forget Kevin Madge and the rest of the Carmarthenshire Labour Party right now.
He has urged both councils to "deal with the situation and act", to "consider the law" and not think that they can put the auditor's reports to one side. Carwyn Jones also said he was surprised to see that the chief executive of Pembrokeshire earned £65,000 a year more than he did.
Obviously Carwyn needs to read the newspapers a bit more often.
The problem with all this is that Kevin Madge probably does think that digging his heels in, refusing to suspend the chief executive and attacking the auditor and the opposition is dealing with the situation.
A couple of years ago when Carmarthenshire received some extra money from the Welsh Government for something or other, Kev told councillors that "Carwyn hasn't forgotten us".
It's a safe bet that Carwyn wishes he could forget Kevin Madge and the rest of the Carmarthenshire Labour Party right now.
Council Crisis: Kevin Madge putting Mark James before voters, says Rhodri Glyn Thomas
The response of senior Labour councillors in Carmarthenshire to the auditor's reports stands in stark contrast to the party's reaction to similar events in Caerphilly and Pembrokeshire.
It began with "it's just a few headlines and will blow over" before turning into vitriolic attacks on the opposition and the Wales Audit Office.
Yesterday Kevin Madge began what looks for all the world like PR Rescue Plan C as he took to the pages of the Carmarthen Journal with yet another "bear with us, everybody, we will soon present you with all the facts" statement. He also briefed Mr James's favourite newspaper that he would be meeting Dyfed Powys Police later this week.
If there is to be a police investigation, anyone in the council wanting to "tidy up" in County Hall will soon have had two weeks to do so. The shredders have no doubt been working overtime.
Meanwhile the response of the Independents, the other half of the coalition which runs Carmarthenshire, has been total silence. Pam Palmer, who is both deputy leader of the council and leader of the Independent group, has not been heard from since the crisis began. Neither has Meryl Gravell. Together the two councillors have been at the top table in County Hall for more years than anyone cares to remember, and they bear a huge amount of responsibility for what has happened. Not a squawk or squeak from either.
Meanwhile the response of the Independents, the other half of the coalition which runs Carmarthenshire, has been total silence. Pam Palmer, who is both deputy leader of the council and leader of the Independent group, has not been heard from since the crisis began. Neither has Meryl Gravell. Together the two councillors have been at the top table in County Hall for more years than anyone cares to remember, and they bear a huge amount of responsibility for what has happened. Not a squawk or squeak from either.
Here is Rhodri Glyn Thomas on the extraordinary reaction of Carmarthenshire's dysfunctional Labour Party to the crisis.
______________________
Plaid Cymru Assembly Member Rhodri Glyn Thomas has accused the Labour party in
Carmarthenshire of being in crisis following the way in which it is dealing
with the Wales Audit Office reports into the County Council.
In his statement today the Carmarthen East &
Dinefwr AM cited examples of the different ways in which the Labour party has
responded to damaging Public Interest Reports in Caerphilly, Pembrokeshire and
Carmarthenshire councils. Rhodri Glyn Thomas said the
Labour party in Carmarthenshire was more interested in trying to preserve its
control of the council, than it was in doing the right thing for county taxpayers.
Mr
Thomas added that Labour supporters in Carmarthenshire
are rightly appalled that the leadership of the party has lost its moral
compass in allowing one of the county’s top earners to avoid tax.
Plaid Cymru Assembly Member Rhodri Glyn Thomas
said:
“The
Labour leader of Caerphilly Council suspended its chief executive just two days
after the Wales Audit Office reports were published. In Pembrokeshire council, the Labour
opposition group leader called for the immediate suspension of the council’s
chief executive the very day the report was published.
“In
Carmarthenshire, however, eleven days have now passed since the Audit Office
published its damaging reports and the Labour leader of the council, on behalf
of his 21 fellow Labour councillors, has done nothing but pledge his full
support for the council’s senior officers despite the Auditor stating unlawful
processes have taken place.
“Instead
of taking decisive action and triggering a full investigation, the Labour
council leader has instead issued personal attacks on his political opponents
and has tried to undermine the integrity of the Auditor by publishing selective
information. It seems the party is more
interested in preserving its supposed control of the council, than it is doing
the right thing for county taxpayers.
“My
constituents are rightly angry by what has gone on in County Hall. Labour supporters throughout Carmarthenshire –
and indeed throughout Wales - will be appalled that their party leader enabled one
of the county’s top earners to avoid tax.
The Labour party in Carmarthenshire has lost its moral compass.
“As
a result of gross incompetence, the Carmarthenshire Labour party has become
isolated from reality, and is in the equivalent of ‘special measures’ now that
the party’s Cardiff headquarters is involved and running the show.
“Plaid
Cymru representatives have said for the best part of two weeks – if we had
sanctioned unlawful payments worth over £55,000 with public money, we would
suspend the officers involved and do the honourable thing and stand down.
“With
the Carmarthenshire Labour party in crisis and now being controlled from
Cardiff, Plaid Cymru hopes county residents will start to see some decisive
action instead of the defiance, dithering and delay they’ve put up with for
almost two weeks.”
Monday, 10 February 2014
Council Crisis: In denial
This week got off to a fairly quiet start. The Labour Party had been due to make a statement at 1pm, but that was cancelled, and the press were told that there would not now be an announcement until later in the week.
Things hotted up somewhat this afternoon with the announcement that Kevin Madge, the drowning-not-waving council leader, has been asked to meet the Deputy Chief Constable of Dyfed Powys for a chat later this week (report in the Carmarthen Journal).
Things hotted up somewhat this afternoon with the announcement that Kevin Madge, the drowning-not-waving council leader, has been asked to meet the Deputy Chief Constable of Dyfed Powys for a chat later this week (report in the Carmarthen Journal).
What is becoming increasingly clear is that the political strings are now being pulled from Cardiff, with the Carmarthenshire Labour Party in a state of deep denial.
One Labour committee chair told a constituent today that it was all just a Plaid witch hunt, and that the chief executive had rights as well. The situation was entirely different to the goings-on in Caerphilly, he said, reflecting what is no doubt the official line coming from the beleaguered Executive Board.
For some reason Pembrokeshire County Council has been able to organise an extraordinary meeting in double quick time, and councillors will gather in Haverfordwest on 14 February. The auditor, Mr Anthony Barrett, will be in attendance.
Whether he has received an invitation to attend the Carmarthenshire bash on 27 February is not entirely clear. No doubt Mr James and Mrs Rees Jones will be very pleased to see him.
The Carmarthen Journal is reporting that Mr Barrett will be there, but other sources are reporting only that Cllr David Jenkins (Plaid), the chair of the council's audit committee, would like him to come.
Here is Plaid's press release on the subject.
__________________________
Plaid Cymru County Councillor and Chair of
Carmarthenshire Council’s Audit Committee, Councillor David Jenkins, has called
for the Wales Audit Office Auditor, Mr Anthony Barrett, to be invited to the
Council’s extraordinary meeting to present his two reports.
The two Reports in the Public Interest published by
the Wales Audit Office at the end of January found that Carmarthenshire Council acted
unlawfully on two matters. Firstly, the
decision of the executive board to cover the legal costs of the Chief Executive’s
libel counter-claim and secondly, the decision of the executive board to pay an
additional “supplement” to the Chief Executive’s pay instead of making those
payments into the pension fund.
Since the publication of the two reports, the 28-member
Plaid Cymru opposition group has said the Chief Executive and three members of
the authority’s Executive Board cannot continue in their roles and has
subsequently announced it will be presenting motions of no confidence against
them.
Councillor
David Jenkins has requested the Chair of the Council invites the
Appointed Auditor to the extraordinary meeting to present his reports.
Councillor
Jenkins said the Plaid Cymru opposition group has found a
series of flaws with the way in the council leadership is responding to the
situation. He went on to say that given
the Wales Audit Office has since confirmed the council is only publishing
selective information, the Council as a whole would be better informed if the
Auditor himself was present.
Plaid Cymru County Councillor David Jenkins – Chair
of the Council’s Audit Committee said:
“The
Plaid Cymru group is deeply concerned by the way in which the council’s
leadership is responding to this serious situation.
“It
is publishing statements and legal advice at a rate of knots, yet the
information it publishes raises far more questions than it answers. As things stand, the council leadership has
not provided any new evidence and has not provided all of the reports we have
called for.
“More
disturbing is that despite the council issuing all 74 councillors with copies
of e-mails its officers have had with the Wales Audit Office, the Audit Office
now says we have not seen all correspondence.
“I
believe Councillors would be far better informed if the appointed Auditor
himself presents his reports to the full council as he did in the case of
Caerphilly Council.
“We
will, of course, respect the Auditor’s independence and ensure he is not
dragged into a debate, but I believe he should be invited to present his
comprehensive reports which he rightly stands by.”
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