THE NATIONAL Assembly for Wales held a minute silence at the Senedd on Tuesday (Nov 14) in memory of former Assembly Member Carl Sargeant, who died last week.
The Llywydd, Elin Jones AM, opened Plenary by saying: “His death has shaken us to our core, and his absence from our midst pains us today. But our loss pales in comparison to that felt by his community, his friends, his staff, and especially his family.”
After a minute’s silence, Elin Jones invited party leaders and Assembly Members to speak.
A MAN OF MANY TALENTS
First up was an ashen-looking Carwyn Jones, who expressed the wish to speak of his deceased former Cabinet colleague as ‘a politician, as a colleague, and as a friend’.
The First Minister highlighted Mr Sargeant’s contribution to the Assembly: “He took more legislation through here than any other Minister. And he had a knack of turning difficult pieces of legislation into something worthwhile.
Mr Jones continued to observe that Mr Sargeant was: “A man of many talents. In all the years I knew him, we never had a cross word.
“He was ever-present in the Cabinet, and with good reason. I appointed him because he was good at legislation, he was good with people.
“Well-liked and committed, jovial but determined, firm but fun, and he will be missed by his family, by those in this Chamber, and by the nation.”
Andrew RT Davies was notably warm in his tribute: “Very often, politicians are lucky if they get one piece of legislation through in their lifetime; Carl put four pieces of legislation through. For a man to come from the factory floor and wake up each morning to put a collar and tie on and put the cufflinks in, and have that as a legacy—each piece of legislation will have a massive impact on the outcomes here in Wales about improving people’s lives.
“You speak as you find, but I have to say he is one of the most genuine men that I’ve had the privilege to meet.”
BETHAN JENKINS ‘DEVASTATED’
That warmth was noticeably absent from Leanne Wood’s brief speech. The Plaid leader described Mr Sargeant’s loss as a blow, but who left the warmth to her absent colleague Bethan Jenkins, whose words she read out.
Ms Jenkins, absent through injury, said: “’Carl Sargeant was a friend of mine from across the political divide. Despite many people telling me that I should not have friends from different parties, I’ve always been of the belief that we are human first.
“All I know was that whenever I needed support or someone to speak to about anything, Carl was at the other end of the phone. We joked after I would raise questions in Plenary with him that even though we clashed politically he still respected me, and vice versa.
“I can say for the record that I am devastated. My support rock in that place has gone. Gorwedd mewn hedd, Carl.”
After pointedly remarking on the way with which Carl Sargeant was dealt, Neil Hamilton said: “Carl and I were diametrically opposed politically, and we cheerfully hurled verbal bricks at each other across the Chamber, but he was a civilised and decent man, and big enough to recognise an opponent’s sincerity, and he didn’t allow political differences to preclude cordial relations outside the Chamber
“I didn’t know him very well, but I liked him for his avuncular geniality, his friendliness and his authenticity—above all for his authenticity. He was a genuine man of the people, never lost touch with his roots.”
HUMOUR AND ACHIEVEMENT
Following the party leaders’ tributes, there was a succession of earnest, heartfelt, and occasionally emotional contributions from Mr Sargeant’s fellow AMs.
Many of their reminiscences were tinged with humour, describing a man who never failed to see the funny side of things but who was a committed and dedicated public servant.
Lesley Griffiths’ deeply personal tribute mentioned Mr Sargeant’s sense of mischief: “One of Carl’s most important jobs was to ensure our shared drawer always had a good supply of sweets. One day, he brought some new ones in and told me just to try one, but I in my usual style grabbed a handful, only to find on eating them they were hot chilli sweets. He could barely contain his gleefulness at my discomfort.”
That humour was made more poignant by her recollection that: “Carl was one of the most generous people I have ever met, particularly with his time, and he loved socialising with his family and friends. Behind his burly and jovial exterior was a beautiful, sensitive and vulnerable soul. He always told people how special and unique they were, because he cared how people felt. He was kind to people, and being kind to people is a wonderful legacy to leave behind.”
Her North Walian Cabinet colleague Ken Skates observed: “I think if there is to be a legacy, a lasting legacy, to Carl, it should be that we should all show a little more love and care for one another, that we should be kinder and more respectful to one another, not just in here but across our society, to change our culture for the better.”
ASSURANCE OF FAIR PLAY
Alun Davies, the newly-appointed Cabinet Secretary for Local Government, appeared on the verge of tears throughout an emotional address.
Describing Mr Sargeant as ‘a very, very decent and honourable, authentic friend and a mate of mine’, he continued: “You’d never have guessed that he had the achievements behind him that he had. But he cared deeply and all of us who worked alongside him know how deeply held his convictions were, and how deeply he cared about what he was doing and how deeply he believed in fair play and social justice.”
Mr Davies concluded his remarks by addressing them directly to Mr Sargeant’s family, present in the public gallery: “We’ll always make sure that Carl has fair play.”
Paul Davies said: “Every time I was with him, we would laugh. But he was a serious and committed politician who cared about his constituents, and he got people. He understood people. After all, politics is about people and Carl definitely got that.”
Joyce Watson remembered his contribution to clamping down on domestic violence and said: “In all the coverage of the loss of our friend Carl, one word and one word alone keeps getting repeated, and that is the word ‘authentic’. Everything about Carl rang true. It was obvious to everyone who met him that Carl was in politics for the right reasons. Intellectually, instinctively, head and heart, he understood and he cared deeply about the people and places he represented.”
GREATLY ADMIRED, GREATLY MISSED
Rebecca Evans, who worked in Mr Sargeant’s office when he was first elected to the Assembly, remembered a working atmosphere filled with humour and music, but recounted that: “ Behind the jokes and behind the laughter was a deep seriousness about making life better for his constituents and a driving passion for social justice.”
Former Finance Minister Jane Hutt said that Carl Sargeant was: “Loved and respected by us all here today, a man and a Minister who served Wales so well, greatly admired and greatly missed.”
Simon Thomas recalled Mr Sargeant’s generosity with his time and the pains he took to attend to small details. After covering Carl Sargeant’s frequently remarked upon talents at karaoke and on the dancefloor, the Mid and West AM observed that although humour was part of his success as a legislator: “He was very serious about what he was achieving, and his ability to have passed the Well-being of Future Generations (Wales) Act 2015 is, I think, one of the crowning achievements of any legislature, and he took it through here and did that work for and on behalf of all of us.”
Nick Ramsay remarked: “We know that politics can be a cold business, but, in contrast, friendships go to the heart of what it is to be human, and Carl was one of the most human souls I’ve ever met. He was unique—a one-off. He was friendly, warm, engaging, and supportive. He was always supportive when you needed help. He was a sensitive man, and he had turned his hands to most things in his full life.”
Dafydd Elis Thomas, former Presiding Officer and recently appointed to the culture portfolio, told AMs: “I want to celebrate and thank him for what he did for the environment of Wales, and in particular for the designated landscapes, because he understood, as someone who was a proper north Walian, who loved both the industrial areas, and the rural areas and the national parks, and the areas of outstanding natural beauty, that it was important that these areas should learn to live together and share their delight.”
‘A CHAMPION OF WOMEN’S RIGHTS’
Darren Millar said: “Remembrance Sunday has just passed, and it reminded me not just of the sacrifice of the fallen, but also of what a fantastic champion the armed forces community and veterans across Wales had in Carl Sargeant, holding that portfolio, representing their views around the Cabinet table, and across the country.
“And, of course, he wasn’t just a friend to the armed forces, he was a tremendous friend of faith communities as well, across Wales. I know how greatly faith communities, faith groups—of all religions—appreciated his work and engagement through the faith communities’ forum.”
Mr Sargeant’s achievements and legacy were summed up by Rhianon Passmore, past chair of the Welsh Labour’s Women’s Committee & Policy Forum, who said: “There are many Members of this National Assembly for Wales who loved and respected Carl.
“As a proud feminist, I want it stated on the record that no other Assembly Member, in the two decades of Welsh devolution, has been as passionate to champion the progress of women’s and children’s rights and causes through legislation than Carl Sargeant. As Minister for social justice, he became known as champion of equality and women’s rights.”
A book of condolence has been opened for visitors to the Senedd.
A devolved justice system is inevitable says Counsel General
A WELSH legal jurisdiction and a devolved justice system “is inevitable” Counsel General tells Legal Wales Conference
The Counsel General, Jeremy Miles AM has today [Friday 12 October] been at the Legal Wales conference in Aberystwyth University talking about his plans to improve the accessibility and accountability of the law in Wales.
Making the law accessible is vital to enable citizens to understand their rights and responsibilities under the law—something that has become increasingly important since repeated cuts have been made to legal aid and to other services designed to advise those in need of assistance or representation.
Addressing an audience of legal professionals the Counsel General set out his plans to improve accessibility, through a series of initiatives. The first of these initiatives is the Legislation (Wales) Bill which will be introduced later this year. This Bill will set Wales on a new journey to develop clear, accessible codes of law – a first for the UK.
The Counsel General told delegates that the Bill will be accompanied by a draft Taxonomy of Codes, which will aim to organise Welsh law into comprehensive codes by the subject areas devolved to Wales.
Moving on from the Bill the Counsel General expanded on other initiatives in place to improve accessibility. He said: “We are working with the National Archives whose role it is to publish Welsh laws to develop a clearer and more accessible system of categorisation of law, prior to its future consolidation. This will enable us to organise the publication of legislation by subject matter, rather than by the date it is made, which will be a significant breakthrough.”
During his address the Counsel General discussed his intentions to re-launch the Law Wales website. He said: “This site already serves a useful purpose but it remains a work in progress and its content is limited. I recognise that the content on the website falls short of people’s expectations, not least mine. If each of us as practitioners, legislators, academics, commentators and others in the Welsh legal community shared a small part of our experience and expertise, by producing content for Law Wales, this would have a huge impact. Collectively we can transform this asset from something that is little known and under used into a genuine public good for the people of Wales.”
Bringing his speech to a close the Counsel General commented: “A process has begun to create a distinct legal infrastructure for Wales. This is a process that won’t stop. The process of making laws for Wales won’t stop, the divergence in laws between Wales and England won’t stop. The creation of a Welsh legal jurisdiction and the devolution of the justice system is inevitable.”
The Legal Wales Conference is organised by the Legal Wales Foundation. The first conference was held in September 2003 and for the first seven years took place every one or two years. By around 2010 the Foundation had accrued sufficient funds to enable them to hold an annual conference, which they have successfully delivered ever since.
The Foundation seeks to rotate the location of the event around Wales – in 2017 it was in Swansea, in 2016 Cardiff and in 2015 Bangor.
Conservative Assembly Leader Quits
ANDREW RT DAVIES has stood down as leader of the Welsh Conservative group in the Welsh Assembly.
Mr Davies made his announcement following a meeting of the Conservative Assembly group on Wednesday morning (June 27).
ANDREW RT DAVIES’ STATEMENT
“It is with deep regret that I announce that I have today tendered my resignation as leader of the Welsh Conservatives in the National Assembly. This was done in a letter to our Group Chairman following a meeting this morning of all group members.
“It has been a huge privilege to serve in this position since 2011, after securing the mandate of the party in a ballot of the membership. It is my firm belief that any Leader of the Assembly Group should secure the same mandate in a full ballot of the grassroots, and I hope that my successor will emerge in that manner.
“I would like to thank the Group for their support throughout my leadership, and in particular to express my gratitude to the many dedicated and professional staff I have had the privilege to work with – and for.
“I look forward to supporting whoever emerges from the contest to replace me, and I will continue to place all of my efforts into advancing the Welsh Conservative cause both here in Wales and Westminster.
“As a party we would achieve nothing without the hard work and dedication of our grassroots and I would like to thank them all for the support they have given me in Wales. Nothing could make me prouder than to have enjoyed their backing throughout this journey.
“I would like to thank the Prime Minister for her support and I wish her the very best in delivering for the country and the Conservative Party moving forward.
“And finally, thanks to my family, particularly my wife Julia who has supported me each and every step of the way.”
ANOTHER LEADERSHIP CONTEST
Although the Conservatives are the second largest party group in the Senedd, they have failed to make progress at the ballot box under Andrew RT Davies leadership, losing ground at Westminster in 2017 and failing to capitalise on a collapse in Labour’s share of the vote in the Assembly elections in 2016. It is noteworthy that he only rose to leadership of the Assembly group when good results achieved under his predecessor, Nick Bourne, meant that Mr (now Lord) Bourne lost his regional seat in the 2011 elections.
Mr Davies’ departure means that there is likely to be a contest for the leadership of each of the main Assembly parties over the coming months. Carwyn Jones is due to step down in the autumn, while Plaid Cymru leader Leanne Wood faces a potential challenge from Adam Price and/or Rhun ap Iorwerth.
Paul Davies, the Preseli Pembrokeshire AM, will be interim leader of the Assembly group and is a likely candidate for the permanent job. The narrowness of the field, previous contender Nick Ramsay has ruled himself out of the running, suggests few challengers to Paul Davies in the event he wants the job.
In a parting shot, the departing leader made it clear that he wanted a grassroots election and not a coronation by the Assembly Group.
Although Andrew RT Davies had repeatedly indicated a willingness to work with other parties to oust Labour from Government, there were no takers among other Assembly parties. In a speech at Ffos Las in May, he offered to stand aside if another candidate came forward who could unite the Assembly’s opposition parties against Labour.
CLASHES WITH WESTMINSTER
Mr Davies’ willingness to embrace Mark Reckless’ return to the Conservative fold as a member of the Assembly group caused friction both between him and both the Westminster Conservatives and his Assembly colleagues. Party activists were also unimpressed, bearing in mind Mr Reckless’ resignation as a Conservative MP in 2014 – which was carefully timed to cause maximum embarrassment to then-Tory leader David Cameron.
Shortly after his leader’s resignation, Mark Reckless tweeted that Mr Davies had been ‘pushed out’ by remainers in the Conservative Assembly group.
Andrew RT Davies had also recently been heavily criticised, both in public and in private about his statement that Airbus’ warning on its Welsh operations were ‘scaremongering’. And while his remarks might have been otherwise unremarkable, the fervid and foetid atmosphere in the Conservative party over the Brexit issue meant they struck precisely the wrong note with AMs trying to ensure that the Conservatives in Wales are seen as responsive to the needs of Welsh businesses over the shape of any eventual Brexit deal.
Mr Davies’ spiky relationship with Westminster Conservatives was also thrown into sharp relief by a very public slap down delivered by Guto Bebb, Minister of Defence Procurement following comments regarding Airbus.
Mr Bebb pointedly said that Mr Davies was not the leader of the Conservatives in Wales and called for him to retract his ‘inflammatory comments, continuing: “Shooting the messenger is an unworthy position for a politician to take not least when that politician aspires to lead a government in Wales.”
A row between Mr Davies and Welsh Secretary Alun Cairns led to neither appearing in a televised debate during last year’s General Election, with Darren Millar AM appearing instead.
Although Mr Davies has been constant and consistent in his support for the Swansea Bay Tidal Lagoon, he was left high and dry by his Westminster colleagues’ decision on the issue. The failure of the UK Government to support the Swansea Bay Tidal Lagoon project ate into Mr Davies’ political capital as capable of exercising even minimal influence over the way the UK Government treats Wales.
That problem was compounded by the increasing sense among the Welsh public that the UK Government has placed the demands of a dozen DUP MPs in Westminster over the interests of Wales.
TRIBUTES LED BY FIRST MINISTER
On Wednesday there was the usual round of warm tributes from Mr Davies’ political opponents.
Outgoing First Minister Carwyn Jones said: “Despite our obvious political differences, I always found Andrew to be good company, and he never broke the confidences I shared with him as Leader of the Opposition. That is the sign of a decent and honest politician.
“Andrew has made his mark in Welsh politics and his jovial and larger than life personality has always been a breath of fresh air during Assembly proceedings. I wish him well in the future.”
The Welsh Liberal Democrats thanked Andrew RT Davies for his contribution to Welsh politics and wished him the best for the future.
Welsh Liberal Democrat Leader Jane Dodds commented: “I’d like to thank Andrew RT Davies for the contribution to Welsh politics he’s made as Leader of the Welsh Conservatives since 2011. I wish Andrew the best as he returns to the backbenches and hope he enjoys having a little more time to spend with family and friends.
“Whilst we disagree on many issues like Brexit, any leader who puts their time and energy into trying to make Wales a better place deserves respect. I’m sure Andrew will now put all that time and energy into representing his constituents.”
UKIP’s Neil Hamilton mourned the loss of a fellow staunch Brexiteer: “I am sorry that Andrew RT Davies resigned this morning as Leader of the Welsh Conservatives. Andrew is a combative Brexiteer in a Tory group which is dominated by Remainers.”
Mr Hamilton then turned his attention to the fate of employees of the Conservative group in the Assembly, whose futures he called into question: “Andrew RT is not the only one out of a job. According to the Assembly Commission, the Tory group staff are all now out of a job too, as their contracts automatically end without notice when a group leader resigns.
“This was the Commission’s argument before the Employment Tribunal last week to justify Caroline Jones’ sudden dismissal of UKIP’s former Chief of Staff, Robin Hunter-Clarke, after she became UKIP Group Leader. They argued in court that the contracts were personal to the group leader in whose name the contracts were signed.
“I challenge the Assembly Commission to justify publicly their disgraceful policy of deliberately depriving political group staff of their job security and employment protection rights.”
Llywydd Elin Jones, said: “We come from different political traditions, but you have served your party with energy and integrity. I now look forward to a lively contribution from the backbenches!”
Impartiality of civil service questioned
THE CONTINUING wrangle over an inquiry into the circumstances which led to the death of former AM Carl Sargeant has intensified this week after a suggestion that evidence to the QC-led inquiry was being ‘filtered’ by Welsh Government civil servants.
In the meantime, the Coroner’s Inquest into Mr Sargeant’s death opened in a way which raised a series of questions about the tactics adopted by the legal team representing First Minister Carwyn Jones and threw doubt on Mr Jones’ public statements about his knowledge of his late Cabinet colleague’s mental health.
Conservatives in the Assembly pounced on a leaked Welsh Government email which showed the Permanent Secretary to the Welsh Government, Dame Shan Morgan, telling Welsh Government staff to share evidence for the Carl Sargeant inquiry with senior civil servants first. Paul Bowen QC is investigating Carwyn Jones’s handling of the sacking of the Alyn and Deeside AM from his cabinet and in an email to Welsh Government staff entitled “support to staff”, the Permanent Secretary, Dame Shan Morgan, asks “those who believe they have evidence relevant to the investigation should bring this to the attention of David Richards, Director of Governance; Peter Kennedy, HR Director; or my office”.
Only a subsequent ‘clarification’ after the email’s leak suggested that employees could give their evidence direct to the Independent Inquiry Team without it being looked over by their senior managers.
Questioning the Permanent Secretary’s latest involvement, Welsh Conservative leader, Andrew RT Davies said: “This once again raises serious concerns over the conduct of the Welsh Government and calls into question the independence of this whole process.
“If the inquiry is to be fully independent then all potential evidence should be handed over to the QC leading the investigation, not pre-vetted by the Permanent Secretary or her minions.
“This latest communication shines a light into the dark tactics being deployed by certain individuals in the Welsh Government to influence and control the upcoming inquiry, and that is simply unacceptable.
“Carl Sargeant lost his life in incredibly tragic circumstances, and there is a responsibility on everyone involved to ensure this process is fully independent and transparent so that the family can find the answers they need to find peace with what has happened.
“The Welsh Government must apologise and immediately withdraw this instruction so people can provide evidence to the inquiry free from bully-boy tactics and intimidation.”
A spokesperson for the permanent secretary said: “We have been clear that as a civil service we will fully co-operate with the work of the IQCI [independent QC investigation], and any evidence held by staff on Welsh Government systems will be collated and transferred to the investigation in its entirety and without redaction.”
A request by The Herald for an explanation as to WHY the Permanent Secretary issued the email remains unanswered and the prospect of Wales’ leading civil servant acting ‘on behalf of the Welsh Government’ raises a substantial question about whether the right distance is being maintained between the sectional interests of the party in government and the national role of the Welsh Government as an institution.
A Plaid Cymru spokesperson responded: “This email raises serious questions about the internal processes of the Welsh Government and risks jeopardising the independence of the inquiry.
“It is vital that this inquiry remains independent, transparent and fair.
“Plaid Cymru will be urgently raising questions about this matter with the Welsh Government.”
Dame Shan Morgan has also come under significant pressure following her decision to deny lawyers acting for the Sargeant family the opportunity to cross-examine witnesses giving evidence to the inquiry.
The family of Carl Sargeant has threatened legal action after claims they had been excluded from a probe into the late minister’s sacking by Carwyn Jones.
A solicitor acting for the family, Neil Hudgell, said: “The grieving Sargeant family are losing patience and faith in the inquiry and are hurt and upset that everything they have asked for has been ignored.
“Mr Bowen can only go as far as the permanent secretary will allow and we currently have an inquiry process where there will be no effective involvement from the family. How can that be fair?”
A spokesman for the Welsh Government said: “The protocol (agreed between the Welsh Government and the Inquiry) sets out the basis on which the investigation will be conducted and enables the family and any other participant to put forward questions they wish to be asked by the investigator.”
A spokesperson for the independent investigator said: “Mr Bowen QC confirms that the independent QC Investigation will continue to run under the published Operational Protocol while this is resolved.
“Mr Bowen QC is committed to conducting a thorough and independent investigation,” the spokesperson added.
Meanwhile at the inquest into Carl Sargeant’s death, a QC representing Carwyn Jones has claimed that other women have come forward with allegations of inappropriate behaviour against the late Alyn and Deeside AM.
Those allegations, as those supposedly made before Mr Jones sacked Mr Sargeant, all have the inestimable benefit of not being subject to challenge or proper investigation. Moreover, taking the First Minister’s lawyers claims at face value leads to a substantial question of how – if the allegations have substance – Carwyn Jones remained unaware of any issue with his close friend and former colleague’s supposed conduct.
Moreover, the attempt to publicly smear Mr Sargeant, who –as before his death – has no opportunity to defend himself is, Coroner John Griffiths observed unlikely to be relevant to the Inquest process, which raises the obvious question of why it was raised at all by the First Minister acting through his lawyers.
As it is, Mr Jones’ claims to have been a close friend of Mr Sargeant, those were thrown into even deeper question by the QC acting for the Sargeant family.
Leslie Thomas QC told the inquest that the first minister must have been fully aware of Mr Sargeant’s personal issues when he sacked him, as they had been friends for 16 years.
In a statement the first minister and Welsh Labour leader said he had not been aware of any mental health illness or vulnerabilities at the time.
Carwyn Jones is due to give evidence to the inquest, an event that should provide some insight into his ability to reconcile his public and personal pronouncements with information set to be laid before the Coroner.
A request for information as to who is paying for Mr Jones’ representation at the Inquest was unanswered.
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