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Impartiality of civil service questioned

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Carwyn Jones: Knew nothing of friend and colleague's health issues

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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Politics

Conservatives accused of contempt for devolution

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THE WESTMINSTER Government is undermining the devolution settlements of each of the UK’s nations according to opposition parties.

Just before the parliamentary recess, the Conservative Government published a White Paper on the future of the UK’s internal market. The same day, July 16, it opened a brief consultation. The Consultation lasted 28 days and ended yesterday, Thursday, August 13.

White papers are policy documents produced by the Government that set out their proposals for future legislation. White Papers are often published as Command Papers and may include a draft version of a Bill that is being planned. This provides a basis for further consultation and discussion with interested or affected groups and allows final changes to be made before a Bill is formally presented to Parliament.

The UK’s devolved administrations have reserved powers for a range of issues, including agricultural and animal welfare standards and building regulations.

The proposals advanced by Westminster would see powers of those two areas of policy removed from the devolved administrations’ control. Building regulations in England are both differently focused and of a lower standard than those in Wales. For example, harmonising building regulations around England’s lowest common denominator could scrap the Welsh Government’s regulation requiring sprinklers to be fitted in new homes.

The UK Government did not consult with any of the UK’s devolved administrations about its proposed legislation before publishing the White Paper and announcing an unusually brief consultation on such an important policy.

POWER GRAB? WHAT POWER GRAB? THAT POWER GRAB
When The Herald put the White Paper’s content to Conservative Shadow External Affairs Minister, Darren Millar, and asked about the change in powers over building regulations and animal welfare standards.

We received a furious response.

“To suggest that this is a power grab is utter nonsense,” fulminated Mr Millar.

We suggested no such thing. We asked only about two regulatory areas covered in a 104-page policy document.

Darren Millar continued: “As a result of the UK’s exit from the European Union scores of new powers are set to be transferred to the Welsh Parliament – so far from being a power grab, this is actually a significant power gain for Wales.

“These powers have never been held before by the Welsh Government and this legislation will give the Welsh Parliament additional levers which can be used to help ensure that economy of Wales recovers from the impact of Covid-19 while ensuring seamless trade across the UK.”
As Mr Millar said that ‘scores of new powers’ are heading the Welsh Parliament’s way, we invited him to identify some of them.

He did not answer in time for our deadline.

The problem for Mr Millar is Government line in the debate on the EU Withdrawal Agreement set out that Westminster will take some powers from Wales, even as it provides additional powers over other areas of policy.

The position was set out by the current Minister of State at the Wales Office, David TC Davies.
In the Withdrawal Agreement debate, David TC Davies said the following: “The reality is that the change will be called a power grab. I did not hear the phrase used today, but it will be described as a power grab. Of course, it is a power grab, and what a wonderful power grab it is, too. We are grabbing powers from Brussels and bringing them back to London.”

He continued: “The Government’s whole purpose is to ensure there is a single market within the United Kingdom. We cannot have a situation where different nation-states within the United Kingdom go off and do their own thing.”

The powers being lost to Westminster over agriculture and building regulations are not examples of devolved administrations ‘going off to do their own thing’ in the future. They are examples of devolved administrations which had exercised their powers and face their policies roll-back.

WESTMINSTER CLAWINGBACK POWER FROM WALESOther Welsh parties are less impressed by the White Paper. Cllr William Powell, the Welsh Liberal Democrat Spokesperson on Agriculture and Rural Affairs, said: “In my view, the manner and content of this consultation demonstrate a lack of respect by the UK Government for the Welsh devolution settlement.

“Under the cloak of enabling Westminster to create a new UK internal market at the end of the Brexit transition period, this most ideological of governments is effectively putting to the sword decades of devolution, validated by the Welsh people in two referenda.”

William Powell continued: “The Bill would allow the UK Government to set out how the devolved administrations would interact with Westminster post-Brexit, compelling Scotland and Wales to accept whatever new standards – in the field of animal welfare, environment and food are built into trade agreements of the future.

“Whereas vital areas of policy, such as agriculture, food safety and the environment are currently overseen by the governments at Holyrood and Cardiff Bay, this UK government clearly wants to have ultimate control over issues previously determined by the EU. In other words, it represents a radical clawback of power, undermining Welsh democracy and giving Boris Johnson and his associates a free hand in post-Brexit negotiations with other countries.

“Welsh Liberal Democrats are committed to respecting the devolution settlement & the principle of Welsh Home Rule. Therefore we roundly condemn the UK Government’s cavalier tactics in this consultation.”

‘THIS IS A POWER GRAB’

For Plaid Cymru, Liz Saville Roberts MP said: “Four weeks and a series of loaded questions over the summer whilst Parliament isn’t sitting is all this Westminster Government has given people in terms of a consultation on a fundamental shift in the constitution of the UK.

“It is as if the Westminster Government cannot even hide its contempt for devolution.
“This is a power grab, plain and simple. From nakedly taking back competencies already held in Wales, to the fact that this legislation was not proposed jointly with the devolved administrations, the Westminster Government is chipping away at two decades of devolution.

“People will not fall for the Westminster double-speak of adding to devolution, these changes will only diminish Wales’s ability to carve its own path.”

NO DISCUSSIONS WITH WESTMINSTER
A Welsh Government spokesperson said: “We support having rules across the UK to regulate the internal market, but these rules must be agreed between the four Governments in the UK, each of which has their own responsibility for economic development. Any new system must have independent oversight and dispute resolution.

“Unfortunately, the UK Government did not manage to share the Paper with us, and Welsh Ministers have had no recent discussions with the UK Government on these issues. Any attempt to unilaterally impose a system will be deeply damaging.”

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Politics

Extra funding to tackle homelessness

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WALES’ Minister for Housing and Local Government, Julie James has confirmed up to £50m to support projects across Wales.

The funding aims to provide people with safe and secure homes to ensure they do not fall into homelessness.

The Welsh Government has reiterated their commitment to tackling homelessness, rehousing everyone who has been provided with emergency shelter during the coronavirus pandemic, and building on the initial £10m in funding announced in March by making additional £40m available for local authorities.

The initial phase of the homelessness response focused on ensuring everyone had accommodation where they could self-isolate if necessary and could follow public health advice on basic hygiene, hand washing and social distancing.

Phase 2 focuses on a longer term approach to transform services, innovate and build accommodation, with the ambition of ensuring everyone who was provided with emergency accommodation during the coronavirus pandemic has a clear route to permanent housing and providing high quality accommodation for those who are threatened with homelessness in the future.

The Welsh Government has also provided a package of support to make sure as many people as possible facing financial hardship as a result of the coronavirus pandemic remain in their private rented homes, sustaining tenancies and avoiding eviction due to rent arrears.

Last week a temporary increase in the notice period for eviction was announced, providing greater protection from homelessness for tenants in private rented and housing association accommodation.
In July, an extra £1.4m was announced to help tenants boost their household income and manage problem debt, through the Single Advice Fund. In addition, the new Tenant Saver Loan Scheme will provide an affordable way to cover rent arrears, or future months’ rent, reducing the risk of eviction and homelessness.

The loans will be paid directly to landlords and are available for tenants who were not in significant rent arrears prior to March 1 this year.

Julie James said: “The coronavirus has shone a light on housing in a way that few of us have seen before and reminded us all of the fundamental importance of good-quality affordable housing, a safe and secure home and strong and cohesive communities where people want to live and work. The best way we can tackle homelessness is by preventing it in the first place.

“I have been clear that I do not wish to see anyone forced to return to the streets. We have a unique opportunity to change the services and change lives for the better – and make homelessness rare, brief and unrepeated. We want to build on the success we have seen so far and change Wales’ approach to homelessness in the long term.

“To that end I have increased the overall homelessness phase 2 funding to up to £50m, which clearly demonstrates the level of commitment we have to ensuring we can make a truly significant and transformational step-change towards achieving our goal of ending homelessness in Wales.

“Local Authorities, working in partnership with third sector and other organisations have come forward with some highly ambitious, bold and innovative projects that not only draw on energy efficient, modern methods of construction but also join-up with other services, such as substance misuse, mental health, primary care and community safety. This reflects the fact that homelessness isn’t just a housing issue; it’s a public services issue and it’s about having access to those services where and when people need them.

“We’re not tinkering around the edges – this is about bold, long-lasting solutions.”

Plaid Cymru Shadow Housing minister Delyth Jewell MS said: “This announcement from the housing minister is a long overdue commitment to tackling both homelessness and the housing crisis. I look forward to working with the Welsh Government and local authorities to ensure money is targeted where it is needed.

“But there is always more to do. To truly address these long terms problems we need a housing first model, more affordable homes being built and ending no fault evictions for good.

“The Coronavirus has exposed the grim truth that homelessness is and remains a political choice that should have been tackled long ago. Access to housing should be a human right and Plaid Cymru will work to see this enshrined in Welsh law.”

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Politics

Conservatives take aim at own Achilles Heel

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by Jon Coles

ANDREW RT DAVIES, the new and combative Conservative Shadow Health Minister, stepped into new territory for him and the Conservatives in Wales this week.
In recent weeks, the Conservative group in the Senedd has stepped up its attacks on the Welsh Government’s handling of the COVID-19 crisis, highlighting instances where Wales has failed to follow the Westminster Government’s lead on policy decisions.

TURNING A BLIND EYE

With Westminster’s current response to the COVID crisis at sixes-and-sevens, the Shadow Health Minister put in his boot to criticise the Welsh Government for following Westminster’s lead on a contentious policy decision.
In March, the Westminster Government – followed by the UK’s devolved administrations – began discharging hospital patients into care homes. Discharged patients were not tested for coronavirus.
The Herald reported on the scandal at the time. We highlighted instances where care providers, in both Wales and England, were pressurised by health boards and trusts to take untested patients into closed residential settings.
The outcome of that disastrous policy decision was easily predictable. Its likely consequences were well-known – at least by the Westminster Government – at the time it made that decision.
Introducing a virus known to be lethal to vulnerable and elderly patients caused a wave of deaths in care homes across the UK. The virus spread among an isolated and largely defenceless population.
The foreseeable result was a calamity.
Deaths in social care settings spiralled. They remain high even after the first spike of the virus in the general population and its decreasing incidence across the UK.
Wading into the scandal this week, Andrew RT Davies criticised Welsh Government without a moment’s apparent reflection on the wider context of his words.
In a press release, Mr Davies commented: “There can be no excuse for such an ill-thought decision which, of course, will have had a profound impact on some of our most vulnerable in care homes. I cannot comprehend where the government’s thought process was in pushing care homes to accept hospital patients who had not received a COVID-19 test.
“The bullish act by the Welsh Labour-led Government in applying pressure is truly scandalous and as a result, the people of Wales deserve an apology.
“The most pressing question now is to address how many patients were infected after being admitted and then discharged from the hospital. To address people’s serious concerns, this must be a priority for the Welsh Labour-led Government.”
On receipt of the press release, we replied and asked whether Mr Davies wished to extend his tart observations about the discharge of untested hospital patients to include the Westminster Government.
After recent press releases in which the Conservatives have not hesitated to compare Wales unfavourably with England, we believed Mr Davies might reflect and provide a balanced response: possibly to praise the Welsh Government for following Westminster’s lead; possibly to take the chance to even-handedly criticise the Westminster Government’s policy which the Welsh Government followed.
We did not receive a reply.

POLITICISING A PANDEMIC

Over recent weeks, the Conservatives have ramped up partisan rhetoric over the Welsh Government’s handling of the COVID-19 pandemic.
Former Shadow Health Minister, Angela Burns, managed to navigate a path between scoring political points and attacking the Welsh Government for its multiple early failings in Wales’ response to the virus.
Those failings include setting a testing target, failing to secure the testing kits necessary to meet the target, saying a testing target didn’t exist, announcing a revised testing target, and then abandoning testing targets altogether.
On each of those, Mrs Burns made telling points and held Wales’ Health Minister, Vaughan Gething, to account – often leaving him wriggling on a hook made of his own contradictions and evasions.
Similarly, when Wales entered the strictest phases of lockdown, Paul Davies was able to highlight the enormously disproportionate impact of them on Wales’ rural economy without indulging the fantasy that somehow things were any rosier over the border.
As the Westminster Government began to ease lockdown restrictions in England, and under pressure from both the Westminster Government and Conservatives on either side of Wales’ border with England, the tone of Conservative briefings changed sharply.
Repeated releases from the Conservatives demanded that the Welsh Government lift the lockdown in Wales in step with England. The Welsh Government was accused of ‘dither and delay’, the phrase ‘catch-up Cymru’ began to appear. Fighting talk appeared in the names of shadow ministers who previously expressed themselves cautiously, occasionally critically, and usually constructively.
With one eye on the next round of elections to the Senedd, the Conservatives moved away from consensus and criticism to outright attack.
Having watched the reopening of schools in England unravel into chaos, Conservative attacks on the reopening of Wales’ schools lost step with reality. Now, the Welsh Government was criticised for taking steps that England failed to take to keep schools open there. The desperate floundering of Westminster’s Conservative Education Minister, Gavin Williamson, stood in stark contrast to the determined and unflustered approach of his Welsh counterpart, Kirsty Williams.
Darren Millar, the Senedd Member charged with speaking for the Conservatives on COVID in Wales, began to speak of Wales’ failings – and particularly those of the Welsh Government – for not reopening pubs, restaurants and holiday accommodation. With Wales’ hospitality and tourism industries on their knees, it appeared that approach would serve the Conservatives well.
As the easing of lockdown in parts of England has unravelled, however, Mr Millar has gone noticeably quiet as Wales continues to lift restrictions now re-imposed in significant areas of England’s north-west.
The Prime Minister’s warnings of the risks of a second wave of the virus should focus Conservatives in Wales’ attention on what preparations the Welsh Government is making to head-off that eventuality or at least ease its impact if or when it arrives. Instead, Andrew RT Davies is fighting four-month-old battles seeking headlines.

CONSERVATIVES NOT ALONE

One of the features of the crisis has been how Plaid Cymru has used it to propel its own message for an independent Wales – or at least a Welsh legislature with far stronger powers than the current arrangements.
‘Westminster doesn’t work for Wales’ is how Plaid has pitched its message. Its fire is concentrated on the shambolic approach of the Westminster Government’s response to the crisis. The Prime Minister’s endless capacity to make up policy on the hoof when caught out or tell outright lies when questioned about details has given Plaid Cymru ample opportunity to illuminate the gap between Westminster’s rhetoric and reality.
The Westminster Government’s hectoring approach to the UK’s devolved administrations, which includes gazumping the Welsh Government on a deal for testing kits with pharmaceutical giant Roche, and its constant inconstancy and inconsistency has also allowed Plaid to deploy
its choir of voices demanding more autonomy – preferably independence – for Wales.
When attacking the Welsh Government, however, Plaid has taken a different approach to the Welsh Conservatives. It has clamoured to keep restrictions in place – for example on schools – and for existing restrictions to be strengthened and reinforced – for example on face coverings, a policy on which it is eerily close to the Conservatives’.
However, Plaid – and the Conservatives – have fallen well short of saying what they would have done differently in the same situation and what they would do now to improve things during the continuing COVID age.

ONE EYE ON THE ELECTION

By the time next May comes around, both of Wales’ principal opposition parties need to set out defined messages that are both less negative and more grounded in current reality if either is to shift Labour from power in Cardiff Bay.
For the Conservatives, the challenge is finding a voice for Wales which is not an echo of Westminster. The events of recent weeks demonstrate that efforts to reform the Conservatives in Wales to forge a distinct identity from the UK party are likely to be seed falling on stony ground. Darren Millar is Boris Johnson’s representative on Earth and Simon Hart his rock. A more constructive approach from the Conservatives is, therefore, highly unlikely.
For Plaid Cymru, the challenge is moving beyond dreams of jam tomorrow in favour of policies for today. Plaid need to focus less on what Westminster isn’t doing for Wales but what Plaid CAN deliver for the whole of Wales and not just its existing voters. Plaid’s problem is systemic. It lacks resources and, while it well-organised in pockets of Wales outside ‘Y Fro’, it has not found the key to unlock monoglot Anglophone voters in sufficient numbers across Wales.
As for Labour in Wales, all it can promise is more of the same. It’s been in power for over twenty years and it isn’t likely to change a formula that’s kept it in power for so long. And, when it comes to the economy, Labour can point out that the big levers are held by the Exchequer in London.
The Conservatives and Labour have the advantage of a large electoral base across most of Wales. If they can energise those voters to turn up and vote next May in anything like the numbers they did in the General Election, Plaid will have to watch out for a massive squeeze on their far smaller electoral base

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