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Politics

Carwyn in crisis after Millar’s statement​

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​​Carwyn Jones: Left Chamber before Darren Millar's statement

A WAR of words has broken out between First Minister Carwyn Jones and former Cabinet member Leighton Andrews about allegations that a report into bullying was made by Mr Andrews to the First Minister as long ago as 2014 and that one of the AMs he reported as being a target of adverse briefing was the late Alyn & Deeside AM Carl Sargeant.

Mr Sargeant died in November this year after being dismissed from his Cabinet post.

He was sacked from his post on the basis of allegations about his behaviour that were never put to him.

The First Minister finds himself exposed on the issue, after making a series of pious announcements about how the Welsh Assembly would not cover up allegations of bullying and inappropriate behaviour following a series of allegations about the conduct of senior figures at Westminster.

That position has been progressively unpicked by Mr Andrews in a number of tweets, blog posts and very few media interviews.

And in the Welsh Assembly on Tuesday ​(​Dec 12​)​, Mr Jones’ position was left even more exposed by a dramatic personal statement by Conservative AM Darren Millar.

Mr Millar revealed that when he asked the First Minister questions about bullying in the Welsh Government in 2014, he did so at Mr Sargeant’s request and timed the questions to coincide with Mr Sargeant telling him that a formal complaint of bullying had been made against a special advisor (SPAD) to the Welsh Government.

Mr Jones was not in the Senedd to hear Mr Millar’s statement, having left after fielding First Minister’s questions.

TWO ISSUES UNRAVELLED

The issue of the First Minister’s treatment of Carl Sargeant and the latter’s death have become intertwined with a second issue, namely whether or not the First Minister misled the Assembly when he said – three years ago – no allegations of bullying had been made to him about the conduct of either special advisers or specialist advisers.

This article sets out the way in which both issues wind around themselves and why Carwyn Jones finds himself in jeopardy.

There are currently three investigations ongoing that affect the First Minister directly and indirectly. A further investigation – into allegations made against Carl Sargeant – has been discontinued.

The first investigation is into the way Mr Jones investigated allegations against Mr Sargeant; the second is into whether he misled AMs; the final one is the investigation by HM Coroner into Carl Sargeant’s death. Any one of the outcomes of those investigations have the potential to end Mr Jones’ career in ignominy.

While each of those investigations are hazardous to the First Minister’s political health, if Mr Jones is found to have breached the Ministerial Code of Conduct, there is no way for him to ride out the ensuing storm.

WHAT IS THE MINISTERIAL CODE?

‘Ministers are expected to behave according to the highest standards of constitutional and personal conduct in the performance of their duties’.

The ministerial Code, issued by the First Minister, provides guidance to ministers on how they should act and arrange their affairs in order to uphold these standards. In particular, they are expected to observe the 7 principles of public life and the principles of ministerial conduct. The code applies to Cabinet Secretaries, Ministers and the Counsel General.

WHAT DOES THE CODE SAY?

‘It is of paramount importance that Ministers give accurate and truthful information to the Assembly, correcting any inadvertent error at the earliest opportunity. Ministers who knowingly mislead the Assembly will be expected to offer their resignation to the First Minister.

‘In particular, the First Minister may also refer matters concerning himself to an Independent Adviser’.

WHY IS CARWYN JONES IN DIFFICULTIES?

In November 2014, Darren Millar AM submitted a Written Assembly Question to the First Minister asking: ‘Has the First Minister ever received any reports or been made aware of any allegations of bullying by special and/or specialist advisers at any time in the past three years and, if so, when and what action, if any, was taken?’

Mr Jones’ answer could not have been more unequivocal: ‘No allegations have been made’.

WHAT IS CARWYN JONES ALLEGED TO HAVE DONE?

Mr Jones’ version of events has been challenged by his former Cabinet colleague Leighton Andrews.

Leighton Andrews says: ‘I made a complaint to the First Minister about one aspect of [deliberate personal undermining of Carl Sargeant], of which I had direct evidence, in the autumn of 2014. An informal investigation was undertaken. I then asked for it to be made formal. I was told it would be. I was never shown the outcome. There was no due process’.

Mr Jones has maintained that no allegations were made, sparking a war of words between himself and Mr Andrews. At First Minister’s questions on December 5, Carwyn Jones came perilously close to calling his former colleague a liar. Mr Andrews responded by publishing a more detailed account of events and invited the First Minister to repeat what he had said in the Senedd without the benefit of Parliamentary Privilege to protect him from legal action.

Mr Jones has, so far, declined Mr Andrews’ invitation.

Now, fuel has been thrown onto the smoking embers under the First Minister.

In a devastating Personal Statement in the Senedd ​thisTuesday, the Conservative AM Darren Millar revealed that not only had he been asked by the late Carl Sargeant to ask the November 2014 question, but also that Mr Sargeant asked him to delay asking the question until AFTER an allegation of bullying was made to the First Minister against a named SPAD. By way of corroboration, Mr Millar revealed that he had discussed the matter during October and November 2014 with the Conservative Chief Whip, Paul Davies. Mr Millar also said that other AMs were aware of what was going on.

CARWYN’S DILEMMA

The First Minister’s answer can only be read compatibly with the accounts given by Mr Millar and Mr Andrews if he can claim either that he did not understand the question at the time, or that the question was phrased so as to make his answer entirely truthful without it being in anyway accurate. Mr Jones has suggested that what he calls his ‘lawyerly way’ might have led him into answering the question the way he did, but he has rather undone that suggestion by his subsequent comments attacking others’ accounts.

If the answer cannot be read compatibly with the accounts of his fellow AMs – and it is a significant verbal stretch to perceive how it might be, no matter how ‘lawyerly’ Mr Jones’ way is – then the choices left are stark.

For Mr Jones’ response in November 2014 to hold water he will have to successfully advance the proposition that several other AMs are themselves lying or are/were mistaken. The odds are not in Mr Jones’ favour on that one.

And the alternative position for Mr Jones – that he did not treat complaints as being made formally or that complaints that were made to him were not made in the correct form or format – lays him open to a charge of dealing with Mr Millar’s questions in less than good faith. Moreover, if Mr Jones did not take the allegations seriously because he regarded it as part and parcel of the normal rough and tumble of politics, it runs an absolute coach and horses through the pious approach he took before Mr Sargeant’s death.

Neither proposition, no matter how finessed, lets Carwyn Jones off the hook. The former would instantly end his career a​s​ First Minister; the latter would wound him so severely that he would -​ ​almost certainly – be persuaded to step down in favour of an alternative leader. In short, and in either of those circumstances, Mr Jones was either a knave or a fool.

WHO KNEW WHAT AND WHEN?

And there is another wrinkle of suspicion that bears consideration: if Mr Sargeant did complain about an over-mighty SPAD, it is open to question whether or not his card was marked. A self-perpetuating club of insiders would not take kindly to having their gilded cages rattled; links are undeniably strong between the national Welsh media and some ministerial special advisers.

That possibility is given some credence by what former Cabinet member Leighton Andrews wrote on his blog.

The Herald contacted Mr Andrews regarding his blog’s content and the First Minister’s remarks regarding bullying. He gave us permission to quote directly from his blog.

‘From discussions with many well-connected individuals over the last few weeks I have been able to piece together the following:

  • A Labour AM told the Labour Assembly Group meeting on November 9 that he had been texted by someone he regarded as a reliable source that Carl was to lose his job, before the reshuffle was announced
  • A leading Welsh journalist received a text in advance of the reshuffle’s announcement that Carl was to be sacked
  • A Welsh Labour MP told another Welsh Labour MP that Carl was to lose his job, before the reshuffle was announced’

Mr Andrews asks the question ‘who leaked?’ The ancillary questions to that are ‘who would benefit from such a leak?’ and ‘what would be such a leak’s purpose?’

A QUESTION OF TIMING

Mr Andrews’ sequence of events is of vital importance.

Mr Sargeant was dismissed as a Cabinet Secretary on November 3 and died on November 7. Two days after that event members of the Labour Assembly Group were told by one of their number that their deceased former colleague’s dismissal was leaked to them before Carl Sargeant was dismissed. Mr Andrews’ allegations that news of Mr Sargeant’s dismissal was currency among Labour MPs beforehand and a journalist was informed would be the toxic icing on a cake.

The reason for that is straightforward: at the time he was dismissed and at the time of his death Mr Sargeant had not been given the details of the allegations made against him by anonymous third parties whose versions of events he was given no opportunity to rebut. The leaking of his dismissal suggests that the case against Mr Sargeant had been judged by the First Minister and a decision made that would take no account of his innocence, guilt, or ability to answer the charges. If, has been alleged, the First Minister had previously dismissed one of the complaints relied upon to sack his ‘dear friend’, questions arise about the First Minister’s competence in deciding the allegations. Most tellingly, it is one of Mr Jones’ SPADs who carried out inquiries for the First Minister into the allegations against Mr Sargeant.

The number of people who would and should have known about both the investigation into Mr Sargeant and the decision to dismiss him would have been passingly small. Mr Jones himself and perhaps a handful of other people. Political circles being notorious hubs for gossip, it would take only one leak for ripples to spread.

There is no doubt that if the First Minister does not know who leaked he is being peculiarly incurious.

At the end of Mr Millar’s statement on Tuesday, a number of prominent Labour members exchanged looks that suggested that their consciences might well now be pricking them into reflecting on what they knew.

Mr Jones’ position has not looked more precarious than it does now and​,​ while some AMs have accused others of seeking to settle political scores, it seems that Mr Millar’s intervention might well prove the one that does for the First Minister.

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Politics

New Year’s messages from party leaders

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Leanne Wood: Wales needs powers to tackle its own problems

Andrew RT Davies

AS ASSEMBLY Members we have the privilege of being in a position to make a meaningful difference to the lives of the people of Wales.

My New Year’s resolution will be to carry that mantra into 2018, and concentrate on the things that bring us together rather than things that drive us apart.

As a country we are often accused of looking at our feet rather than at the horizon. Let’s make 2018 the year that we challenge that narrative and look ahead to the opportunities in front of us.

New Year’s Day is a hopeful time, as we mark the passing of one year and look ahead to a healthier and happy new one.

It is a time of positivity, and a time to be open to change.

2017 was a difficult year in so many ways. Yet it was in the very depths of adversity that we witnessed the best of human nature – and the true strength of community spirit.

The Assembly itself also witnessed great tragedy, but we have to continue to look forward and reach for the more positive future that’s just around the corner.

Above all, we must remember that in spite of our political differences there is much that binds us together.

There are huge opportunities ahead for this country and there will be times when our ability to come together will serve the people of Wales far better than working in isolation.

Wishing everyone across Wales and the United Kingdom the very best for 2018.

Carwyn Jones

AS the year draws to a close, it is a good time to reflect on the events of the last 12 months and look ahead to the year to come.

2018 offers us new opportunities and a chance to build on the progress we have made this year, and over the past two decades of devolution.

There are certainly challenges and uncertainty ahead, but many reasons for optimism too. I look forward to my ministerial team and I driving forward our ambitious plans for Wales – focusing on growing the economy, creating jobs, supporting our public services and improving the day-to-day lives of the people of Wales.

I want 2018 to be a year that unites us – a year in which we celebrate all we have in common and work together to build the fair, open, prosperous nation that we all want Wales to become.

I wish you and your families a very happy, healthy and peaceful New Year.

Leanne Wood

PEOPLE here in Wales face many problems and challenges which cannot be solved by our National Assembly because of its limited powers and because its current Labour government lacks the necessary will and ambition to get those powers.

Neither can our problems be solved by Westminster, where the concerns of Wales are an afterthought at best. I very much hope that 2018 will be the year where we collectively conclude that only people in Wales can solve the problems this country faces.

As the political landscape changes alongside our relationships within the UK and Europe, as people in countries like Catalonia and Scotland push for self-government to have more control over the decisions that affect them, we have the chance for 2018 to be the year that people here consider how we in Wales can be empowered to tackle more of our problems for ourselves.

While the other parties may be content for many big decisions to be taken on our behalf in London, Plaid Cymru believes that decisions are best made by those who are directly affected by them. Plaid Cymru therefore believes also in further devolution within Wales.

My team and I will be dedicating time in 2018 to be in open consultation with people right throughout the country about how we can make the most of the opportunity devolution has given us to practice a different kind of politics, how we can extend and deepen our autonomy to develop a real alternative to the mess that Westminster has to offer.

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Politics

Mandy Jones sworn in as AM

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Taking office: UKIP's Michelle Brown AM (L) welcomes new AM Mandy Jones

MANDY JONES has been returned as an Assembly Member for the North Wales region following the resignation of Nathan Gill.

Mr Gill, whose sporadic attendance at the Assembly had become a running sore, resigned just before Christmas.

When a regional Assembly seat becomes vacant, the Llywydd informs the Regional Returning Officer for the relevant region.

Where the seat was vacated by a Member who was elected at an Assembly general election from a list of candidates submitted by a political party, the Regional Returning Officer is required to contact the next candidate on the list submitted at the time of the general election by that political party.

Once the Regional Returning Officer has established that the person is able and willing to serve, the Regional Returning Officer informs the Llywydd of the name of the person.

When the Llywydd receives notification of the name, that person becomes an Assembly Member. However, he or she cannot undertake the work of an Assembly Member until the oath has been taken.

The Regional Returning Officer informed the Llywydd on 27 December 2017 that Mandy Jones is able and willing to serve and was therefore returned as an Assembly Member for the North Wales region on that day.

And, on December 29, Mandy Jones AM was sworn in as the new Assembly Member for North Wales, in a ceremony at the National Assembly’s North Wales Office in Colwyn Bay.

Mrs Jones was accompanied at the ceremony by her family, and fellow UKIP AM for North Wales, Michelle Brown.

Mandy Jones commented: “I am extremely grateful and honoured to have the opportunity to be the Assembly Member for North Wales. I live here, I raised my children here and I promise to serve this region to the best of my ability.

“I will work hard on your behalf by supporting local businesses in delivering good jobs and campaigning for better local health and transport services in north Wales.”

UKIP Wales Leader Neil Hamilton welcomed Mandy Jones to the UKIP Assembly Group stating: “We are looking forward to welcoming our new team member, Mandy Jones into the group. UKIP is stronger with an additional member in the National Assembly and on the front foot in Wales. We are looking forward to 2018, where we will be even more active and vocal, as we continue to stand up for the people of Wales against the cosy Cardiff Bay consensus.”

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Politics

‘Payroll vote’ attacked

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23 on the roll: Carwyn Jones

THE EVER-INCREASING size of the Welsh Government ‘pay-roll vote’ is damaging the effectiveness of democracy in Wales according to the Welsh Conservatives.

Following Carwyn Jones’ last reshuffle, twenty one Labour Assembly Members now hold remunerated positions – be it ministerial, commission or committee chair posts – which currently represents a staggering 75 per cent of the governing party in Wales. In Scotland, the percentage of SNP members in similar paid-up positions is closer to 50 per cent.

The pay-roll vote and democratic deficit intensifies in Wales with the inclusion of Independent AM, Dafydd Elis-Thomas, and Lib Dem AM, Kirsty Williams, as Welsh government ministers.

Leader of the Welsh Conservatives, Andrew RT Davies, has said the ‘bloated’ government pay-roll vote is damaging the heart of democracy in Wales.

He said: “The ever-increasing and bloated size of the Welsh Government ‘pay-roll vote’ is damaging the effectiveness and heart of democracy in Wales.

“As an opposition party, we work around the clock to hold Carwyn Jones and his chaotic government to account, but the Welsh Parliament is unquestionably being harmed by the ever-shrinking voice of genuine backbenchers.

“By bringing three quarters of his Labour members into the ‘paid-up tent’, the First Minister is effectively closing down scrutiny of his actions and those of his government.

“A tired government of 18 years standing and devoid of new ideas is seeking to cover-up its numerous failures by increasing the democratic deficit in Wales – people and communities deserve better and for that we need to start with a fully functioning democracy and smaller government pay-roll.”

‘Welsh Government pay-roll vote’

Labour Cabinet Secretaries and Ministers (12):
Carwyn Jones – First Minister
Ken Skates – Cabinet Secretary for Economy and Transport
Vaughan Gething – Cabinet Secretary for Health and Social Services
Huw Irranca-Davies – Minister for Children and Social Care
Mark Drakeford – Cabinet Secretary for Finance
Alun Davies – Cabinet Secretary for Local Government and Public Services
Rebecca Evans – Minister for Housing and Regeneration
Lesley Griffiths – Cabinet Secretary for Energy, Planning and Rural Affairs
Hannah Blythyn – Minister for Environment
Eluned Morgan – Minister for Welsh Language and Lifelong Learning
Julie James – Leader of the House and Chief Whip, with responsibility for digital infrastructure and equalities
Jeremy Miles – Counsel General

Other Welsh Government Ministers (2):
Dafydd Elis Thomas – Minister for Culture, Tourism and Sport
Kirsty Williams – Cabinet Secretary for Education

DPO and Committee Chairs (7):
Ann Jones – Deputy Presiding Officer and Chair of Committee for the Scrutiny of the First Minister
Lynne Neagle – Children, Young People and Education Committee
Mike Hedges – Climate Change, Environment and Rural Affairs Committee
Mick Antoniw – Constitutional and Legislative Affairs Committee
John Griffiths – Equality, Local Government and Communities Committee
David Rees – External Affairs and Additional Legislation Committee
Jane Bryant – Standards of Conduct Committee

Other roles (2):
Joyce Watson – Commissioner – Equalities and the Commission as the employer of Assembly staff
Julie Morgan – Chair of the All-Wales Programme Monitoring Committee (EU funding oversight)

During the last Assembly term, the scope of the payroll vote was demonstrated when a Labour AM, Jenny Rathbone, was sacked by Carwyn Jones as Chair of the All-Wales PMC for breaching ‘collective responsibility’ by speaking out against a policy decision made by the Welsh Government – despite fulfilling a number of supposedly ‘backbench’ roles such as sitting on Assembly Committees as a Labour representative.

While Mr Davies’ point has merit, in the Westminster parliament the total number of ministers in government posts in June 2017, following the general election and reshuffle of Theresa May’s Government, was 118.

This was the same number as under the Cameron administration in May 2015, but more than all other post-1979 general elections bar 2010.

As a point of comparison, there were sixty government ministers in 1990 and India, with a population of over 1.3bn, has under eighty.

There are nine unpaid ministers in Theresa May’s June 2017 Government.

The Prime Minister is able to invite Ministers to attend Cabinet without making them Cabinet Ministers. There are five people in Theresa May’s June 2017 Government who attend Cabinet without being full Cabinet Ministers.

There is no formal definition of the payroll vote. It is generally considered to refer to all those who hold a role in the administration, whether paid or unpaid. This includes senior roles, as well as more junior roles including Parliamentary Private Secretaries (PPSs).

The proportion of Members of the House of Commons who have been part of the payroll vote has varied from 19-22% between 1979 and 2017. More recently, the Conservative Government rigged the Select Committee system, which is supposed to scrutinise the government, by appointing nine members of its payroll vote to select committees.

There have been calls for the size of the payroll vote to be limited.

Most recently, in a 2011 report, the Public Administration Select Committee noted that the proportion of those holding government posts would be exacerbated by the proposed reduction in the size of the House of Commons from 650 to 600 following the forthcoming Boundary Review. Their recommendations included cutting the number of PPSs to one per Government Department and that the Ministerial and Other Salaries Act 1975 should be seen as imposing a strict limit on paid and unpaid ministers.

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